HomeMy WebLinkAboutOrdinances - MC-99-738 - 07/28/1999 - Cchapter 13 Traffic no left turnsORDINANCE NO. MC-99-737
AN ORDINANCE AMENDING SECTION 24 OF THE
CITY OF MCHENRY MUNICIPAL CODE
TO ADD ARTICLE III, TREE PRESERVATION
WHEREAS, the City Council of the City of McHenry, Illinois, the City of
McHenry desires to enact regulations relating to the preservation of trees on private
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the
CITY OF MCHENRY, McHenry County, Illinois as follows:
SECTION 1: That Chapter 24, entitled, "Trees, Shrubs and Noxious
Growths," of the Municipal Code, City of McHenry, Illinois, shall be, and it hereby is
amended to add Article III, which shall read as follows:
ARTICLE III. TREE PRESERVATION
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
land.
The provisions of this Article shall apply to the following private parcels of
(a) Any subdivision of land in any zoning district resulting in the creation
of three (3) or more lots.
(b) All Single Family Residentially zoned lots larger than two (2) acres.
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(c) All property zoned other than Single Family Residential larger than
one (1) 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 (10) inches in diameter at breast height (DBH) or
greater, shall be removed from properties outlined in Section II without first
obtaining a Tree Removal Permit from the Community Development Department.
For purposes of this ordinance, DBH shall be considered to represent a height of
fifty-four (54) inches above the base of the tree.
(a) 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 forty-eight (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 (10) 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 Plan Commission shall review
the tree survey and preservation plan and make a recommendation to the City
Council for approval or denial.
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(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:
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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 parvifolia
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
Mullberry
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 trees destroyed or damaged and the planting
of additional trees where desirable.
(g) General environmental considerations.
Sec. 24-47. 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:
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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.
Sec. 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)
30" or greater
18" — 29"
10" — 17"
# of Replacement Trees
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(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 following species:
Common Name
Sugar Maple
Norway Maple
Red Maple
Green Mountain Sugar Maple
Hackberry
Botanical Name
Acer saccarum
Acer paltanoides
Acer rubrum
Acer saccharum "Green Mountain"
Celtis occidentalis
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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 imbriicaria
Littleleaf Linden
Tilia cordata
Silver Linden
Tilia tomentosa
Crimean Linden
Tilia x euchlora
Pine (10' height minimum)
Spruce (10' 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.
Sec.24-49. 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.
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 10 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, such judgement shall not affect, impair, invalidate or nullify the
remainder thereof, which remainder shall rgmain and continue in full force and
effect.
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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 THIS 28TH DAY OF DULY , 1999.
Voting Aye: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
Voting Nay: NONE.
Absent: NONE.
Abstain: NONE.
APPROVED: THIS 28TH DAY OF DULY , 1999.
ayor Steven J. Cuda
ATTEST:
City Clerk Pamela J. Alt off
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