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HomeMy WebLinkAboutOrdinances - MC-09-976 - 01/05/2009 - AMEND MC CH 24 TREE PRESERVATION ORDINANCEORDINANCE MC-09•-976 An Ordinance providing for revisions and amendments to Municipal Code Chapter 24, Article III Tree Preservation Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1. McHenry Municipal Code Chapter 24 Trees, Shrubs and Noxious IJrowths, Article III Tree Preservation, Sections 24-40 through 24-:50, shall be and is hereby deleted and replaced in its entirety as indicated in Exhibit A attached hereto. SECTION 2. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 5t' day of January, 21009. AYES: Santi, Glab, Schaefer, Wimmer, Peterson, Condon NAYS: Murgatroyd ABSENT: None NOT VOTING: None ABSTAINED: None Mayor ATTEST: ti city c EXHIBIT A ARTICLE III TREE PRESERVATION (MC-99-737; N[C-09-976) 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, genend 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, lar€;er 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 six 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 Parks and Recreation 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 Parkas and Recreation Department to obtain field permission to remove the tree. If permission cannot be obtained due to unavailability of the Parks and Recreation Staff, the tree may be removed, provided the person removing the tree notifies the Parkas and Recreation 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 six 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. In connection with a Site Development Permit, the Director of Construction and Neighborhood Services and the Superintendent of Forestry and Park Planning shall review the tree survey and tree preservation plan and either approve or deny the application. (a) In connection with a subdivision, the Planning and :Zoning Commission and the Superintendent of Forestry and Park Planning shall review the tree survey and preservation plan and make a recommendation to the City Council for approval or denial. (b) Where no subdivision of land or Site Development Permit is required, the Superintendent of Forestry and Park Planning shall review the tree survey and preservation plan and make a recommendation to the City Council through the Director of Parks and Recreation 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 . (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 six-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) These trees are subject to the following tree replace schedule: five percent of the total diameter at breast height(dbh) will be required as compensation for removal. (e.g. the total dbh of the trees listed below is 2400 inches x .05(5 percent)=120 inches of replaceable diameter. 120 inches of diameter divided by the diameter of the replacement trees = the number of trees.) Common Name Botanical Name Box Elder Acer negwido Chinese Elm Ulmus parvifolia Poplar Populus (species) Cottonwood Populus deltoides Catalpa Caltalpa speciosa Choke Cherry Primus vir,giniana Willow Salix (species) Black Locust Robinia psuedo-acacia Silver Maple Acer saccharinum Mulberry Mortis 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, non 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) Reserved (MC-09-976) (g) The owner/developer must notify the Department of Construction and Neighborhood Services 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) 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) # of Replacement Trees 30" or greater 3 IV—29" 2 6"-17" 1 (b) All replacement trees shall have a minimum caliper of two inches measured at six inches above the base of the tree. (c) Replacement trees shall be limited to the following species or as determined by the approving authority: Norway Maple — Acer platanoides Ohio Buckeye — Aesculus glabra Common Horsechestnut — Aesculus Hippocastenum R.iverbirch — Betula nigra American Hornbeam — Carpus coroliniana Bitternut Hickory — Carya cordiformis Shagbark Hickory — Carya ovata Black Walnut — Juglaus nigra Eastern Red Cedar — Jumperus virginiana American Larch — Larix laricina European Larch — Larix decidua Red Mulberry — Morus rubra Black Hills Spruce — Piceu glance densata White Oak — Quercus alba Swamp White Oak — Quercus bicolor Burr Oak — Quercus macrocarpa Red Oak — Quercus rubra Bald Cypress — Taxodium distichum White Cedar — Thuja occidentalis Basswood — Tilia Americana Black Oak — Quercus Velutina Chesnut Oak — Quercus prinus Chinkapin Oak — Quercus muehlengergii English Oak — Quercus robur Sawtooth Oak — Quercus acutissima Scarlet Oak — Quercus coccinea Shingle Oak — Quercus imbricaria Pear, Callery — Pyrus calle:ryana London Planetree — Platanus cerifolia Dawn Redwood — Metasequoia glyptostroboides Sweetgum — liquidambar styraciflua Tulip tree — Liriodendron tulipifera Zeklova, Japanese — Zelkova serrata Catalpa — Catalpa speciosa European Black Alder — Alnus glutinosa Black Tupelo — Nyssa syl vatica Whitespire Birch — Betula platyphylla `whitespire' Pagoda Dogwood — Cornus alterm folia Amur Maple — Acer ginnala Paperbank Maple — Acer griseum Flowering Crabs — Malus supp. Magnolia, Cucumber tree — Magnolia acuminate Magnolia, Saucer — Magnolia x soulangiana Magnolia, Star -- Magnolia stellata Douglas fir — Pseudosuga menziesii Eastern White Pine — Pinus strobus Swiss Stone Pine — Pinus cembra Norway Spruce — Picea abies White Spruce — Picea glanca All Trees Listed as Permitted Street Trees (d) Reserved (MC-09-976) (e) In keeping with good forestry practice, if sufficient space is not available to plant replacement trees, the owner/developer shall pay the City the current replacement cost using the regional cost per square inch of trunk area(cross section) to determine actual tree value. This information is found in the International Society of Arboricultures Guide for Plant Appraisal Ninth Edition(or most recent edition) and by using the Illinois Arborist Associations Guide for species Ratings and Appraisal Factors for Illinois -Region A 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 $75.00 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 riot less than $75.00 nor more than the maximum permitted by State Statute for each offense (per tree), plus the City's cost of prosecution including reasonable attorney's fees. Each day that a violation exists and a tree removal permit is not obtained 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 six inches or greater.