HomeMy WebLinkAboutOrdinances - MC-07-946 - 12/10/2007 - REPEAL AND UPDATE MC CH 24 TREES SHRUBS AND NOXIOUCam'
Ordinance No. MC-07-946
An Ordinance providing for updates to
Chapter 24 of the City of McHenry Municipal Code.
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry
County, Illinois as follows:
SECTION 1: That Chapter 24 Trees, Shrubs and Noxious Growths of the City of
McHenry Municipal Code is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 24
TREES, SHRUBS AND NOXIOUS GROWTHS
ARTICLE 1. IN GENERAL
Sec. 24-1. Street tree defined.
A "Street Tree/Parkway Tree" is defined herein so as to include trees growing or to be planted
between property lines on either side of all streets, avenues, boulevards, alleys or other public
ways within the City. (MC-06-886)
Sec. 24-2. Application for permits.
Applications for permits shall be made to the City Clerk and referred to the Director of Public
Works for approval before issuance.
Sec. 24-3. Permitted street tree species.
No tree species other than the small tree, medium tree and large tree species listed in the
Subdivision Control and Development Ordinance Technical Specifications Manual and Standard
Details Tl Street and Right -of -Way Improvements Section I Parkway Trees, may be planted as
street trees/parkway trees, unless permission to do so has been previously given by the City.
(MC-06-886)
Sec. 24-4. Improvements prohibited in public rights -of -way.
No rock gardens, boulders benches or fences shall be built or maintained in any public right-of-
way.
Sec. 24-5. Spacing. (MC-06-886)
Spacing of street trees shall be determined by the Subdivision Control and Development
Ordinance Technical Specifications Manual and Standard Details Tl-I Street and Right -of -Way
Improvements Parkway Trees.
Sec. 24-6. Planting distance from curb and sidewalk
As required by Subdivision Control and Development Ordinance Technical Specifications
Manual and Standard Details T1-I Street and Right -of -Way Improvements Parkway Trees. (MC-
06-886)
Sec. 24-7. Distance from street corners and fire plugs.
As required by Subdivision Control and Development Ordinance Technical Specifications
Manual and Standard Details T1-I Street and Right -of -Way Improvements Parkway Trees. (MC-
06-886)
Sec. 24-8. Distance from utilities.
As required by Subdivision Control and Development Ordinance Technical Specifications
Manual and Standard Details Tl-I Street and Right -of -Way Improvements Parkway Trees. (MC-
06-886)
Sec. 24-9. Removal of public trees, shrubs.
It shall be unlawful for any person or firm to remove or cut down any tree or shrub in any public
place or right-of-way without first having secured a permit therefore from the City.
Sec. 24-10. Injuring.
It shall be unlawful for any person or firm to injure any tree or shrub planted or growing in a
public right-of-way or public place.
Sec. 24-11. Attaching advertisements, notices.
It shall be unlawful to attach any sign, advertisement or notice to any tree or shrub in any public
right-of-way or place.
Sec. 24-12. Vegetation likely to fall on public ways.
Any tree or limb of a tree which 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 is growing or stands.
See.24-13. Wires.
(a) It shall be unlawful to attach any wire or rope to any tree or shrub in any public street, right-
of-way or other public place without the permission of the Director of Public Works.
(b) Any person or firm which maintains poles and wires in streets, alleys or other public places
shall, in the absence of provision in the franchise concerning the subject, keep such wires and
poles free from and away from any trees and shrubs in such places as far as may be possible,
and keep all such trees and shrubs near such wires and poles properly trimmed, subject to the
supervision of the Director of Public Works so that no injury shall be done either to the poles
or wires or to the shrubs and trees by their contact.
Sec. 24-14. Gas leaks
Any person maintaining any gas pipe in the City shall keep such pipe free from leaks so that no
injury shall be done thereby to any trees or shrubs.
Sec. 24-15. Precautions during excavations.
In making excavations in streets, public rights -of -way or other public places, proper care shall be
taken to avoid injury to the roots of any tree or shrub wherever possible.
Sec. 24-16. Care of street trees and other trees.
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within
the right-of-way lines of all streets, alleys, avenues, and lanes and within all public grounds.
The City may remove, or cause or order to be removed, any tree or part thereof which is in an
unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas
lines, water lines or other public improvements, or is infected with any injurious fungus, insect or
other pests.
Sec. 24-17. Tree topping.
It shall be unlawful for any person or firm to top any Street Tree without the prior permission of
the Director of Public Works. Topping is defined as the severe cutting back of limbs to stubs
larger than 3 inches in diameter within the tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree.
Sec. 24-18. Pruning and corner clearance on private property.
Every owner of any tree located on private property which overhangs any street or right-of-way
within the City shall prune the branches thereof so that such branches shall not obstruct the light
from any street lamp or obstruct the view of any street intersection and so that there shall be a
clear space of at least 8 feet above the surface level of the street pavement and sidewalk. The
owner of such tree shall remove all dead, diseased or dangerous trees or broken or decayed limbs
which overhand any street right-of-way or other public property. When the owner fails to do so,
the City shall have the right to prune any trees or shrubs on private property when such tree or
shrub interferes with the proper spread of light along the street from a street light or interferes
with visibility of any traffic control device or sign, and the owner shall immediately reimburse
the City for the expense of such work.
Section 24-19. Tree care and removal on private property.
The City shall have the right to cause the removal of any dead or diseased tree on private
property within the City when such trees constitute a hazard to life or property, or harbor insects
or disease which constitutes a potential threat to other trees or plants within the City. Removal
shall be done by said owners at their own expense. In the event of the failure of the owners to
comply with such provisions, the City shall have the authority to remove such trees and the
owner shall immediately reimburse the City for the expense of such removal.
Sec. 24-20. Removal of stumps.
All stumps of street trees shall be removed below the surface of the ground so that the top of the
stump shall not project above the surface of the ground.
Sec. 24-21. Arborists license and bond.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning,
treating, or removing street trees or trees overhanging streets, rights -of -way or utility easements
without first applying for and procuring a license from the City Clerk. The annual license fee,
based on fiscal year, shall be $25.00. No license shall be required of any public service company
franchised by the City or of any City employee. Before any license is issued, each applicant
shall first file satisfactory evidence with the City Clerk of liability insurance coverage for
General Liability, Automobile Liability, Excess Liability and Worker's Compensation Liability
in the minimum amounts of $1,000,000 for bodily injury and $1,000,000 for property damage
which insurance policy shall name the City of McHenry as an additional insured party thereon
and which shall indemnify the City from any and all claims, damages, and judgments on account
of any injury to person or property resulting from the conduct and actions of such licensee.
Secs. 24-22 Penalty.
Any person, firm or corporation that violates any provision of this Article shall be subject to a
fine of not less than $25.00 nor more than the maximum permitted by State Statute for each
offense, plus the city's cost of prosecution including reasonable attorney's fees. Each day that a
violation exists shall constitute a separate offense.
Secs. 24-23 - 24-25. Reserved.
ARTICLE U. WEEDS AND NOXIOUS GROWTHS
Sec. 24-26. Nuisance declared.
Any weeds such as jimson, burdock, ragweed, thistle, cocklebur, or other weeds of a like kind,
found growing in any lot or track of land in the City are hereby declared to be a nuisance.
Sec. 24-27. Responsibility of owner and occupant to maintain premises and parkway.
(MC-90-546)
It shall be unlawful for the Owner or Occupant of any premises in the City to permit the growth
thereon of any weeds, unhealthful or noxious plants or grass in excess of eight inches in height,
or upon the parkway area located between such premises and the adjoining road pavement or
surface.
Sec. 24-28. Barberry prohibited.
It shall be a nuisance and unlawful to plant or permit the growth of the bush of the species of tall,
common or European Barberry, further known as Berberis vulgaris or its horticultural varieties,
within the City.
Sec. 24-29. Notice to destroy.
The Director of Community Development or his designee is hereby authorized and empowered
to notify annually, in writing, the owner of any lot, place or area within the City or the agent of
such owner, to cut, destroy, or remove any such weeds, grass or deleterious, unhealthful growth,
or other noxious matter, found growing, lying or located on such owner's property, or upon the
sidewalk abutting same. Such notice shall be by registered or certified mail, addressed to said
owner, or agent of said owner, at his last known address.
Sec. 24-30. Abatement by City upon noncompliance.
Upon the failure, neglect, or refusal of any owner or agent so notified, to cut, destroy, or remove
weeds, grass, or deleterious, unhealthful growths, or other noxious matter, growing, lying or
located upon such owner's property, or upon the sidewalk abutting same, within ten days after
receipt of the written notice provided for in Section 24-29 above, or within twelve days after the
date of such notice, in the event the same is returned to the City by the Post Office because of its
inability to make delivery thereof, provided the same was properly addressed to the last known
address of such owner, or agent, the Director of Community Development is hereby authorized
and empowered to pay for the cutting, destroying and/or removal of such weeds, grass, or
deleterious, unhealthful growths or other noxious matter or to order the removal by the City.
Sec. 24-31. Charge for abatement by City. (MC-07-910)
A. When the City has removed such weeds or grass or has paid for its removal, the owner of
such lot, place or area shall be charged as follows:
SQUARE FOOTAGE OF LOT, PLACE OR AREA CHARGE
Under 10,000 $70.00
10,000 to 20,000 $85.00
Over 20,000 to one acre $100.00
For each additional acre or fraction thereof $100.00
B. When the City has removed any other such noxious, deleterious or unhealthful growth or
paid for its removal, the owner of such lot, place or area shall be charged for the total cost
of such removal, plus an administrative fee of 15% of the total cost of such removal.
Said charges shall be due and payable by said owner within thirty days after a bill for such
charges has been mailed to said owner.
Sec. 24-32. Lien for charges.
Where the full amount due the City is not paid by such owner within thirty days after a bill for
such charges has been mailed by the City to said owner for the cutting, destroying and/or
removal of such weeds, grass, or deleterious, unhealthful growths, or other noxious matter, as set
forth in Sections 24-30 and 24-31 above, then the City shall cause to be recorded in the Office of
the Recorder of Deeds of McHenry County a lien against the subject property for the cost and
expense incurred for the work completed on the date and place specified therein. Such lien on the
property shall remain in full force and effect for the amount due plus recording fees until final
payment has been made in the manner fixed by law.
ARTICLE III. TREE PRESERVATION (MC-99-737)
Sec.24-40 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.
Sec. 24-41 General Scope.
The provisions of this Article shall apply to the following private parcels of land:
(a) Any subdivision of land in any zoning district resulting in the creation of three or
more lots;
(b) All single-family residentially zoned lots larger than two acres;
(c) All property zoned other than single-family residential, larger than one acre,
(d) All areas seeking annexation to the City;
(e) Exceptions: nurseries or orchards.
Sec. 24-42 Tree Removal Permit Required.
No live tree measuring ten inches in diameter at breast height (DBH) or greater, shall be
removed from properties outlined in Section 24-41 without first obtaining a Tree Removal
Permit from the Community Development Department. For purposes of this ordinance, DBH
shall be considered to represent height of 54 inches above the base of the tree.
Exceptions:
(1) 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. 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 48 hours of the removal
of the tree and the reason for its removal.
(2) Where no tree on the parcel of land measures ten inches DBH as
verified by City Staff.
(3) Properties for which a specific landscaping or tree preservation plan has
been approved prior to the effective date of this Article pursuant to the
terms of an annexation agreement or other specific agreement or
ordinance applicable to such property.
Sec. 24-43. 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 Planning and Zoning 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.
Sec. 24-44. 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).
(3) Reasons for tree removal related to disease or good forestry practices may
require justification in writing by a certified arborist.
Sec. 24-45 Tree Removal
(a) When a person desires to remove a tree on a parcel of land covered under Section
24-41, 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.
(2) The tree is incurably diseased or has been severely weakened by age,
storm, fire, or other natural disaster.
(3) 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.
(4) Any one of the following trees may be removed and not subjected to the
Tree Replacement Schedule in Section 24-48:
Common Name
Botanical Name
Box Elder
Acer negundo
Chinese Elm
Ulmus pparvifolia
Poplar
Populus (species)
Cottonwood
Populus deltoides
Catalpa
Caltalpa speciosa
Choke Cherry
Prunus virginiana
Willow
Salix (species)
Black Locust
Robinia psuedo-acacia
Silver Maple
Acer saccharinum
Mulberry
Morus rubra
Tree -of -Heaven
Ailanthus altissima
Lombardy Poplar
Populus nigra
Siberian Elm
Ulmus pumila
Sec. 24-46. 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 destroyed or damaged trees and the planting of additional
trees where desirable.
(g) General environmental considerations.
Sec. 24-47. Tree Protection Rights.
The following tree protection techniques shall be employed during any work conducted on the
site. The tree preservation plan shall specify the following:
(a) All grading and construction equipment shall not encroach within the drip line of
a tree.
(b) 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.
(c) 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.
(d) The area within the drip line of the trees shall remain free of building materials,
dirt, fill and construction debris.
(e) 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.
(f) Tree protection measures may be temporarily suspended by the Community
Development Department Director, but only if the Director determines suspension
is necessary to complete the improvements on site.
(g) 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.
Section 24-48. Tree Replacement Schedule.
(a)
(b)
(c)
Trees removed, whether or not due to construction, site development or
subdivision of land, shall be replaced according to the following schedule:
Tree(s) Removed
Caliper (in inches DBH)
30" or greater
18" — 29"
10"- 17"
# of Replacement Trees
3
2
All replacement trees shall have a minimum caliper of four inches measured at six
inches above the base of the tree.
Replacement trees shall be limited to the following species or as determined by
the approving authority:
Common Name Botanical Name
Sugar Maple
Norway Maple
Red Maple
Green Mountain Sugar Maple
Hackberry
Hesse European Ash
Green Ash
Blue Ash
Thornless Honeylocust
Northern Red Oak
Shingle Oak
Littleleaf Linden
Silver Linden
Crimean Linden
Pine (10' height minimum)
Spruce (10' height minimum)
Acer saccarum
Acer paltanoides
Acer rubrum
Acer saccharum "Green Mountain"
Celtis occidentalis
Fraxinus excelsior "Hessel"
Fraxinus pennsulvanica
Fraxinus quadragulata
Gleditsia triacanthos inermis
Quercus borealis
Quercus imbricaria
Tilia cordata
Tillia tomentosa
Tillia x euchlora
(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 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.
Sec. 24-49. Fees.
The fee for a Tree Removal Permit shall be $45.00, payable upon the submittal of a Tree
Removal Permit application.
Sec. 24-50. Administration and Enforcement.
Any person, firm, or corporation that violates any provision of this Article shall be subject to a
fine of not less than $25.00 nor more than the maximum permitted by State Statute for each
offense, plus the City's cost of prosecution including reasonable attorney's fees. Each day that a
violation exists shall constitute a separate offense. 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 City, having
a DBH of ten inches or greater.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and approved this 10th day of December, 2007.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Not Voting: None.
Absent: None.
Abstain: None.
APPROVED:
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,Mayor
(SEAL)
ATTEST:
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C. ty Clerk 0