CRTI’s suggested minimum use of a component.

CRTI’s recommended use that is achievable by most communities interested in investing in their urban forest, and a step up from the minimum.

CRTI’s top usage that will place communities in the region’s upper echelon of tree preservation in development regulations.

Same as Recommended.

State the intent of the ordinance and the scope (land uses it applies to, types of trees, etc.). Note that depending on whether tree regulations are integrated in the landscape standard section or in a section specific to trees only, you may include more descriptions in the purpose statement beyond tree regulations.

Examples

The purpose of this Ordinance is to ensure environmentally sensitive site planning which furthers the preservation of mature trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long-term viability of existing trees; and to control the removal of trees when necessary.

[CRTI Bronze template]

State the intent and scope of the ordinance and include a call to design around trees to create a seamless indoor/outdoor relationship. Note that depending on whether tree regulations are integrated in the landscape standard section or in a section specific to trees only, you may include additional descriptions in the purpose statement beyond tree regulations.

Examples

Intent: It is the intent of this chapter to promote increases in the quality of trees and tree care in the village and to promote increases in tree populations in the village whenever practicable.

It also is the intent of this chapter to preserve trees on both public and private property and, in the event that tree removal is necessary, to ensure that appropriate replacement trees are planted. It also is the intent of this chapter to help provide for and sustain buffers between neighboring properties, to preserve historic streetscapes, to minimize the visual and environmental impacts of paved surfaces and buildings, and to ensure landscaping in conjunction with new development and redevelopment in a manner that preserves indigenous vegetation. It also is the intent of this chapter to balance the property rights of individual property owners with the overall health, safety, and welfare of the residents of the village and the village itself.

[Lake Zurich, IL]

Designate trees as an important part of community infrastructure.

Examples

[This ordinance] recognizes that trees are an integral part of the infrastructure of the Government Entity and as such should be preserved, protected, and cared for as other critical Government Entity infrastructure.

[CRTI Bronze Ordinance Template]

Designate trees as an important part of community infrastructure and explain the financial, aesthetic, human health, and ecosystem benefits trees provide.

Examples

The board of trustees finds that:

The preservation and protection of individual trees and wooded areas serves to maintain a valuable replenishing source of oxygen.

Established and mature trees help in the prevention of soil erosion and the absorption of water; which slows down the rate of rainfall runoff. This will assist in reducing the damages, both public and private, resulting from severe flooding events.

Trees serve to provide a buffering of the sometimes damaging or harmful effects of exposure to the sun, cold and wind.

Trees facilitate the filtering out of airborne pollutants, the most notable of those being carbon dioxide (CO 2 ), which is often referred to as the single most significant agent responsible for global greenhouse effects.

The presence of trees in residential areas serves to provide visual buffers that enhance privacy, property values, and the general aesthetic appearance of the property. Such trees also serve as a buffer to noise pollution from neighboring properties.

The preservation and protection of individual trees and wooded areas provides valuable nesting areas for birds and habitat for other forms of wildlife.

Construction methods and practices should be adapted to increase the emphasis on the preservation of existing trees. The development, or redevelopment of property within the village should not be discouraged through the implementation of these revised practices. However, an increased emphasis should be paid to incorporate existing property resources into proposed development plans, preserving more of the original property characteristics.

The village desires to maintain, to the greatest extent possible, existing trees within the village. Trees contribute to the scenic beauty of the village and increase property values by adding to the aesthetic quality of land. Trees also tend to soften the rough edges of developments, and reduce the visual effects of urbanization by creating a natural setting. The streetscape effect of trees is especially to be preserved.

[Libertyville, IL]

The statement of value extends beyond the trees alone and considers the values of the entire ecosystem, including native soils, animals, insects, plants, etc.  Your governmental entity may support these efforts by providing resources to private owners so they can locate skilled, certified tree care specialists to assess and diagnose tree and environmental issues prior to, during, and post-site disturbances.

Examples

The protection of trees as a valuable community resource also accomplishes the following objectives:

1. Stabilize valuable topsoil by preventing or minimizing unnecessary soil erosion and sedimentation;
2. Assist in proper stormwater runoff in order to decrease the costs associated with flooding;
3. Protect the important link in the hydrologic cycle that trees provide through the transpiring of water and the neutralization of wastes that pass through to the groundwater table and other aquifers;
4. Aid in the reduction of air pollution through the removal of harmful carbon dioxide and the generation of oxygen;
5. Provide a buffer and screen against noise pollution;
6. Provide a haven and nesting areas for birds, insects, and other forms of wildlife that are essential to the maintenance of the food chain and that help control and eliminate disease-carrying mosquitoes;
7. Reduce energy consumption through the windbreak and shade effects of trees;
8. Protect and increase property values in a manner that maintains each property owner’s enjoyment of his or her property;
9. Conserve and enhance the City’s physical and aesthetic environment;
10. Eliminate trees that constitute a threat, danger, or nuisance to the public or to property in the City, or that may be dangerous to the health of other trees and vegetation in the City;
11. Protect and enhance the quality of life and the general welfare of the City and its residents; and
12. Restore, to the greatest extent possible, denuded soil that results from construction and grading work accompanying development.

[Evanston, IL]

Same as Recommended.

Include any terms that may be unknown or confusing to someone who doesn’t work with trees and terms that users would need to know to effectively follow or enforce the regulations. The more clear the ordinance is, the more likely it is that it will be followed. Define any trees that may receive special consideration such as heritage trees, legacy trees, or protected trees. Define any terms that a developer may have to know, such as a tree preservation plan. Definitions may include terms related to other development activity such as existing grade, fill, etc. as applicable.

Examples

The following definitions shall apply to this article:

BUILDING ACTIVITY AREA: That buildable area of a lot or parcel in which construction and building activities occur which shall be the smallest practical area of a lot or parcel to be determined with the objective of preserving protected trees.

CROWN OF A TREE: The upper part of a tree, including the living branches with their foliage.

DIAMETER BREAST HEIGHT OR DBH: The diameter of a tree measured at four and one-half feet (41/2′) above the grade existing at the base of a tree.

DRIPLINE: An artificial line along the ground which conforms to the perimeter of the crown of a tree and projects vertically to the ground.

PROTECTED TREE: Any tree, other than buckthorn, having a diameter of six inches (6″) dbh or larger other than those exempt from protection pursuant to this article and other than removal of trees by the Village within any right-of-way.

REMOVAL: Physical removal of a tree, or actions such as severe pruning, damaging, poisoning or other direct or indirect action resulting in, or likely to result in, the death of a tree.

ROOT ZONE: The area of the ground near or beneath a tree having its center point at the center of the trunk of the tree and having a radius equal to one foot (1′) for every inch of dbh.

TREE: A woody, self-supporting perennial plant reaching at least twenty feet (20′) or more in height at maturity usually with one trunk, or a multi stemmed trunk system and having a more or less definite crown.

TREE PRESERVATION AREA: That area of a lot or parcel of land within which all protected trees shall be protected as designated on a tree preservation plan.

TREE PRESERVATION PLAN: A written plan having text and/or graphic illustrations indicating the methods which are to be used to preserve existing protected trees during construction.

TREE PROTECTION DEVICES: Barriers, fences, other devices and techniques reasonably required to protect the tree preservation area from intrusion by construction vehicles and equipment, materials and spoils.

TREE REMOVAL PERMIT: The required written permit issued in order to remove any protected tree within the corporate limits of the Village.

TREE SURVEY: A graphic display indicating location, size, species and condition of all protected trees.

[North Barrington, IL]

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this component, except where the context clearly indicates a different meaning:

Appearance review commission (ARC) means a quorum of the commission members currently appointed to their positions by the village board.

Building permit means a permit issued by the village for the construction, erection or alteration of a structure or building.

Certify or certification means a written statement verifying that the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of this chapter.

Critical root zone means an area on the ground extending out from the trunk of the tree in all directions a distance of ten (10) inches for every inch DBH.

Diameter at breast height (DBH) means the measurement of a tree’s diameter taken at a standard fifty-four (54) inches above the ground.

Dripline means a vertical line extended from the surface of the ground up to the outermost extent of the tree canopy.

Excavation means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.

Existing grade means the vertical location (elevation) of the existing ground surface prior to excavation or filling.

Fill means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved to a new location and shall include the conditions resulting therefrom.

Final grade means the vertical location (elevation) of the ground or pavement surface after grading work is completed in accordance with the site development plan.

Grading means excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

Grouping of trees shall be defined as six (6) or more trees, each of which possesses a DBH of at least at least four (4) inches and which together form an interrelated canopy as determined by the village arborist.

Parcel means all contiguous land in one (1) ownership.

Permittee means any person to whom a site development permit or tree removal permit is issued.

Person means any individual, partnership, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing.

Protected tree means any tree that falls within one (1) of the four (4) designated groups which require replacement when such tree is subjected to damage or removal; and any tree subject to a required and approved landscape plan; and any replacement tree planted as required by a tree permit or a site development permit.

Site means a parcel of land, or a contiguous combination of parcels, where grading or stripping or other work is performed.

Site development means grading or stripping or other substantial alteration of terrain in conjunction with development activity which may include demolition, construction or remodeling of structures.

Site development permit means a permit issued by the village public works department prior to any grading, stripping, excavating or filling performed within the village.

Stripping means any activity which removes the vegetative surface cover, including tree destruction or removal, clearing, and storage or removal of topsoil.

Tree means a self-supporting, woody plant, together with its root system, having a well-defined stem or trunk or a multi stemmed trunk system and a more or less well defined crown.

Tree preservation plan means the approved tree survey including a designation in plan form of the trees which are to be preserved and protected. The plan should include methods and procedures to be used for tree protection.

Tree removal permit means a permit issued by the village when tree removal only is being completed on land parcels as regulated in this chapter.

Tree survey means a site plan indicating the locations, sizes and botanical and common names of all trees located on the parcel with a caliper of six (6) inches or greater and all Group A understory trees with a caliper of four (4) inches or greater, using the diameter at breast height (DBH) measurement. The tree survey shall be signed and sealed by a certified arborist and will also outline the proposed structures and impervious areas and identify those trees which are proposed for removal.

Vacant means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.

Village engineer means the individual employed by the village in such capacity or, in his absence, a designated representative.

[Libertyville, IL]

Same as Recommended.

Zoning is an important tool that defines what types of development activities can occur in certain established zones. Zoning keeps compatible land uses near each other and can create standards for layouts, spacing, and tree preservation based on the type of zone. Because zoning designates allowed uses of parcels of land, it can reduce conflicts in the future and protect both public and private property investments. Tree preservation standards may vary by zoning district. Be sure to reference other chapters in your community’s code that may indicate applicability based on zoning.

You may decide that certain trees in your tree preservation ordinance applies only to certain trees in your community based on parcel size. For example, your tree preservation code may only apply to parcels that are 1.5 acres and larger. Incorporating a certain parcel size in tree protections is only advised for communities that are starting to control tree removal on private property and those that have specific goals to protect larger parcels. You may want to consider implementing a compliance clause that prohibits developers from subdividing property before tree protection procedures have been followed.

Example of Parcel Size

Scope And Application: This Section shall apply to all residentially zoned private parcels of land which are more than one and one-half (1½) acres in size, all nonresidential private parcels of land, and all parcels of land for which a landscape plan is required.

[Naperville, IL]*

*Note that this example also specifies scope based on zoning.

Example of Compliance Clause

Compliance Required: No landowner may subdivide or plat or otherwise develop any land within the Village or within its subdivision jurisdiction unless the procedures of this chapter are followed and the requirements of these development regulations are met.

[South Barrington, IL]

Tree protections could differ based on who owns the land and whether the trees are  public or private property.

Examples

This Chapter governs the maintenance, protection, removal and replacement of existing public trees, private trees located on any parcel of two (2) acres or more planned for a subdivision, and private trees within a planned development within the City of Evanston, in order to protect and preserve the urban landscape and to fulfill the objectives identified in the Evanston Comprehensive Plan.*

[Evanston, IL]

*This example also incorporates parcel size and land use in its scope.

Tree protections could differ based on the type of project it is. For example, subdivisions may have different tree restrictions than other development projects.

Examples

The provisions of this Code shall apply to all Planned Developments whether Residential, Commercial, or otherwise in nature, and to any other developments whether a Plat is required or not under the law, statutes, ordinances or regulations of the governmental body or agency having jurisdiction or control, and regardless of whether the same is labeled a subdivision or not, it being the intent of this Code to apply to all types of development, both within the City and to areas lying within one and one‑half (1.5) miles of the corporate limits of the City.

[Jonesboro, IL]

Tree protections could apply based on the size or health of trees. Some communities designate certain species and size of trees as “Legacy,” “Heritage,” or “Protected Trees.” Protecting mature trees is important to maintaining the existing canopy. However, it is also important to think about how the canopy will change once older trees have reached the end of their lifespan. For that reason, it is recommended that you have some regulations that stipulate high replacement rates or protect existing small and medium trees so that the canopy is not lost over the long term. The smaller the tree size protected, the more expansive the ordinance will be. It’s also possible that the tree is dead or dying, and poses a safety issue for the community. You may want to include those trees as trees that do not need a removal permit. (See Exceptions) Tree protections could apply based on where the tree is located on the parcel to be developed. For example, the ordinance may require a landscape buffer between adjacent properties.

Examples

It shall be unlawful for any person to remove or cause the removal of any tree having a caliper of four (4) inches or greater in the City of Genoa without having first obtained approval from the City of a Tree Preservation and Removal Plan as described herein.

[Genoa, IL]

Same as Recommended.

The ordinance includes references to other applicable ordinances and includes information on what occurs when inconsistencies or overlap occurs.  It is recommended that the ordinance states that if inconsistencies exist, then the code that has the strongest tree protections shall prevail.

Examples

Before commencing any of the work regulated by this chapter, an applicant shall comply with the requirements set forth in other applicable ordinances with respect to the submission and approval of preliminary and final subdivision plats, improvement plans, building and zoning permits, inspections, appeals and similar matters, along with those set forth in this chapter and as may be required by federal or state laws and the regulations of any department of the state. Where provisions of this chapter are more restrictive than other requirements, this chapter shall apply.

[Libertyville, IL]

Same as Recommended.

The ordinance gives the governmental entity the right to enforce the ordinance and indicates who is responsible for carrying out each step of the ordinance. Inspection of the site is required after the development is completed to ensure compliance with the ordinance. Please note that who conducts inspections matters.

Examples

Enforcement. The Building Commissioner shall be responsible for the administration and enforcement of this chapter.

[Bannockburn, IL]

Chapter 9’s enforcement is carried out through two (2) different yet related permits, tree permits and site development permits. If any inconsistency exists, the provision resulting in the maximum protection and preservation of the highest quality trees will govern.

Tree removals, when not conducted in connection with site development permits are administered at the direction of the director of community development or his or her designee.

Site development reviews and all contents, including tree permits required under site development, will be conducted by the village engineer or his or her designee.

[Libertyville, IL]

The ordinance identifies a qualified individual or group (such as the village forester, their designee, or other municipality staff) responsible for reviewing Tree Preservation Plans and for performing inspections. This component should also include who is responsible to review tree preservation plans and perform inspections. It is highly recommended that a certified arborist is involved with approving and denying permits and checking for compliance. Requires that there are enforced checkpoints throughout the planning process including before a permit is issued, during the project, and after the development project. If conducting site inspections, create a clear checklist (as a resource outside of the  ordinance) for enforcement officers and developers checking for compliance for a high level of clarity.

Examples

Conditions Of Permit Issuance: Approval of an application for a building permit involving tree removal activity shall be granted only if the Village Forester finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing trees and to otherwise enhance the aesthetic appearance of the development by the incorporation of trees in the design process. Relocation or replacement of trees may be required as a condition of approval in accordance with the criteria set forth in this article. No tree removal shall take place until the issuance of a tree removal permit.

[North Barrington, IL]

No person shall hinder, prevent, delay, or interfere with the city arborist or any of his assistants while they are engaged in carrying out the execution or enforcement of this chapter; provided, however, that nothing in this chapter shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the city.

[Peoria, IL]

Same as Recommended.

A tree protection permit is required for any construction improvement that could impact trees on-site. Tree protection permits are automatically attached to any other building permit process.

Examples

A Public Tree Protection permit is required for any building permit that involves the  construction of a new building, structure, site improvements, and any type of  remodeling, roofing, flat work, fencing, and paver brick work.

[Genoa, IL]

The ordinance prohibits the planting, maintenance, and removal of trees by anyone other than city or village arborist or similar except by permit, and may list or refer to a fee schedule for permit issuance. Tree removal permits associated with development must accompany any other permits and development plans needed for the project. A trained arborist should review the plan with any other personnel involved in granting permits to the developer. Grounds for accepting or rejecting a permit should be clarified. A stop work order can be implemented if the development is not in compliance with protecting trees. The permits should also indicate what trees (size, species, private or public property) require permits to remove.

Examples

§ 34-25 REVIEW OF TREE PERMIT APPLICATIONS; ISSUANCE OF TREE PERMITS.

(a) The village arborist shall review each priority tree plan to determine:

(1) Whether such plan will likely result in the cutting or destruction of any priority tree;

(2) Whether such plan minimizes the destruction to or cutting of priority trees; and

(3) Whether such plan provides adequate protection of each priority tree.

(b) If the village arborist determines that a priority tree plan will neither destroy nor cut any priority tree and will provide adequate protection of all priority trees, then the arborist shall issue a tree permit, and the applicant shall be entitled to proceed with the tree impact activity, subject to satisfaction of any other permitting or other requirements of law relating to such activity.

(c) If the village arborist determines that a priority tree plan will likely result in the cutting or destruction of any priority tree, the arborist shall first consult with the applicant to modify the tree impact activity or to take other or additional action to avoid or minimize such cutting or destruction. If such consultation results in modifications or additional actions that avoid or minimize the cutting or destruction of priority trees, the village arborist shall issue a tree permit, and the applicant shall be entitled to proceed with the tree impact activity, subject to satisfaction of any other permitting or other requirements of law relating to such activity.

(d) If the village arborist determines that a priority tree plan will likely result in the cuttingor destruction of any priority tree, and the arborist’s consultation with the applicant does not result in modifications or additional actions that avoid or minimize the cutting or destruction of priority trees, then:

(1) Priority I trees. For each priority I tree, the village arborist shall determine whether the cutting or destruction of the priority I tree can be avoided by a reasonable modification to the tree impact activity. If so, the village arborist shall issue the tree permit subject to such modifications. If the village arborist determines that no such modification will avoid the cutting or destruction of the priority I tree, and that absent such cutting or destruction of a priority I tree the applicant cannot make reasonable use of the applicant’s lot, parcel or tract, then the applicant shall receive a tree permit subject to satisfying the tree replacement condition prescribed in the tree permit;

(2) Priority II trees. No priority II tree shall be cut or destroyed unless the applicant demonstrates that such cutting or destruction is necessary to accomplish the tree impact activity (other than the cutting or destruction of a priority tree), and no reasonable alternatives exist to effect the tree impact activity without such cutting or destruction. Upon demonstrating the necessity of such cutting or destruction, the applicant shall receive a tree permit, subject to satisfying the tree replacement condition prescribed in the tree permit; and

(3) Priority III trees. If the cutting or destruction of a priority III tree is desired, the applicant shall receive a tree permit, subject to satisfying the tree replacement condition prescribed in the tree permit.

(e) When issuing a tree permit, the village arborist may establish such conditions as may be necessary or appropriate to achieve the purposes of this article, including without limitation the installation of fencing to protect the drip line of any priority tree. Any applicant receiving a tree permit shall be required to comply strictly with the terms and conditions of such tree permit, including the priority tree plan, at the applicant’s sole cost and expense.

[Glencoe, IL]

The ordinance requires tree removal permits and defines permit requirements, fees, site plan requirements, and application review procedures. The arborist or certified personnel is required to develop plans with the developer before anything is approved. Governmental staff must inspect site or consult with developer before issuance of permit and follow up during construction to check for compliance. If trees are removed they must be replaced on-site if possible, off site if needed and practicable (See Relocation or Replacement), or a fee-in-lieu to be paid if replacement is not feasible (See Tree Bank). This can also be accompanied by the cash bond (See Cash Bonds) to ensure trees designated for protection stay protected during the entire process of development.

Examples:

(4) Consultation. Upon submission of an application, an applicant for a tree permit may consult with the Building Commissioner and/or the Village Forester to determine whether the application as proposed would comply with this chapter and with the current standards generally observed by professionals in the forestry, landscaping and landscape architecture professions. However, in no case shall the results of such consultation be deemed either an approval of any application or a binding determination that no tree permit is required. Such results shall in no case entitle any applicant to the issuance of a tree permit. The applicant shall be responsible for payment of any costs incurred in providing such consultation services.

(5) Action on application. Upon receipt of either the application or the site plan, the Building Commissioner shall direct the Village Forester to visit and inspect the subject property as well as contiguous and adjoining lands and to make recommendations concerning the application. If the Building Commissioner shall, based on the recommendation of the Village Forester, determine that: a) the proposed use change will destroy or endanger no more trees than are reasonably necessary to achieve the applicant’s objectives, b) the application, including the tree preservation plan, reforestation plan, the site plan, the plan review fee and the reforestation security, each satisfy the requirements of this chapter, and c) the use change will result in no undue adverse effect upon the public welfare as expressed in § 216-2 of this chapter, then the application shall be approved and the tree permit shall be issued; otherwise the application shall be denied or, alternately, it may be approved subject to such conditions as the Building Commissioner shall determine to be necessary to protect the public welfare, achieve the purposes of this chapter, and prevent the undue destruction of trees.

[Bannockburn, IL]

In connection with projects requiring building permits, a Tree Preservation Plan shall be filed with the building permit application. All buildings, building additions, and other structures (including but not limited to driveways) shall be located upon a Lot or parcel of land in such a way as to minimize Tree Damage and/or Removal, consistent with the various setback requirements of the Zoning Code of the City. The Tree Preservation Plan shall specify the following:

• Tree Preservation Area and Building Activity Area upon the Lot or parcel of land for which a building permit application has been filed; and
• The name of the General Contractor.
• Except as provided in components 94.403(A)(1) through 94.403(A)(3) of this Chapter, no Tree Removal Permit shall be issued to an applicant for a building permit unless the City finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing Protected, Key and Heritage Trees, in accordance with the following:
  • Building placement and driveway, walkway and parking areas shall be designed in such a way as to avoid unnecessary removal of Protected, Key and Heritage Trees.
  • The required drainage and grading plan shall be developed in such a way as to avoid removal of Protected, Key and Heritage Trees wherever possible and to protect remaining Protected, Key and Heritage Trees and Trees with a six inch (6″) DBH or larger located in the Tree Preservation Area from risk of loss through change in grade or moisture.
  • All utility lines shall be augured through tree preservation areas unless the City Forester or his or her designee provides written authorization of an alternative procedure. A copy of the Tree Preservation Plan and this Chapter shall be submitted to the appropriate Regulated Public Utilities by the General Contractor in order to alert said Regulated Public Utilities to the proposed placement of the regulated utility service lines.
  • Preliminary landscape planning shall have been accomplished to reflect Tree replacement required by this Chapter and shall include preservation of existing healthy Protected, Key and Heritage Trees.
  • The Root Zone and Canopy Zone of Protected, Key and Heritage Trees on Lots adjacent to the Lot in question on which construction activity will take place shall be carefully reviewed and considered during the preparation of the Tree Preservation Plan. Every effort should be made during the architectural layout and design of the proposed development to preserve Protected, Key and Heritage Trees on adjacent Lots through sensitivity to the Root Zones and Canopy Zones of said Trees. If the Tree Survey and Tree Preservation Plan show an impact of the planned construction activity on a Heritage Tree, its Root Zone or Canopy Zone, wherever located, then the City Forester must approve the Plan in writing prior to commencement of the construction activity.
  • If, notwithstanding the decision of the owner to preserve a Protected, Key or Heritage Tree impacted by the placement of a building, driveway, walkway or parking area, the City Forester determines, in exercise of his professional judgment, that there exists a substantial likelihood that the impacted tree would die within a year from date of construction completion as a result, either directly or indirectly, of the construction activity, then the City Forester may require the owner to plant replacement trees as required pursuant to Section 94.403(C) of this Chapter. The replacement tree must be planted within six months after the date of written notice to the owner of the City Forester’s decision to require planting of the replacement tree.

• Except when a Tree Removal Permit has been issued pursuant to Sections 94.403(A)(1), 94.403(A)(2), or 94.403(A)(3) of this Chapter, no building permit shall be issued to an applicant for a building permit by the City unless the approved Tree Survey and Tree Preservation Plan have been filed with the building permit application and unless the General Contractor installs required protective fencing prior to construction, which fencing shall be inspected and approved by the City Forester. The General Contractor shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around Tree Preservation Areas so that all Protected, Key and Heritage Trees and Trees with a six inch (6″) DBH or larger in Tree Preservation Areas shall be preserved and the Tree Preservation Area shall be protected physically from the Building Activity Area. All required protective fencing or other physical barrier must be in place around the Tree Preservation Area and approved by the City Forester prior to beginning construction. The fencing or other physical barrier must remain in place during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the Tree Preservation Area. All fencing shall be of a rigid material (i.e., wood lathe, chain-link, etc.) and must be secured to metal posts driven into the ground, spaced no further than ten feet (10′) apart.
• Work shall not begin on the Lot until the Lot has been inspected by the City for compliance with the Tree Preservation Plan. Once the City approves the placement of fencing or a physical barrier, the fencing or physical barrier may not be removed by any party unless prior written approval is obtained by the City Forester or his or her designee.
• An approved Tree Preservation Plan shall be available on the Lot before work commences and at all times during construction of the project. The General Contractor shall be responsible for notifying all other contractors working on the Lot and the owners of property contiguous to the Lot of the existence of the Tree Preservation Plan.

[Highland Park, IL]

A tree survey indicating trees to be preserved and trees to be removed shall be produced by the property owner or developer. The format of the survey will vary depending on your community, from hand-labeled maps to professionally produced surveys. You may decide to have one consistent format for all plans submitted for ease of review.

Examples:

A landscape plan is required as part of a site plan review application for townhouse, multi-family, non-residential, or mixed-use development, and any planned unit development. The landscape plan must be approved prior to the issuance of a building permit.

[Niles, IL]

A Tree Survey shall be submitted to the Planning Department for review, by anyone planning any site development. The Tree Survey shall indicate the location, size, and species (both scientific and common name) of all trees located on the parcel with a trunk size of three inches or greater.

[Arlington Heights, IL]

The ordinance contains how to prepare the plan, skill requirements for plan preparers (e.g. certified arborist, landscape architect, etc), and contents of the plan, including a maintenance plan (who will water/mulch newly planted trees, etc.). The ordinance includes a survey of all the trees on-site including species, size, and condition. This information may be conducted by a government official or third party to relieve risk of negligence in reporting. Knowing the species, size and condition of trees on the development site is crucial information for decision makers to know if they should approve the permit, and what steps the applicant needs to take for ordinance compliance (replacement trees, fees, etc.).

Examples:

1. Tree Mitigation Plan. Developers of any site for any use other than a single family home seeking a site plan or landscape plan approval shall submit a Tree Mitigation Plan with the petition for development. A tree mitigation plan shall include:
   1. A tree survey showing the location, edge of dripline, species, diameter at breast height (DBH) and condition of every tree four (4) inches or larger, measured from four and a half (4.5′) feet from the ground, on the property. The survey shall distinguish existing trees which are proposed to be destroyed, relocated, replaced, preserved at their present location. The Development Services Department may require that the tree survey exclude those portions of the site which it determines will not be affected by the development activity.
   2. A tree mitigation report that highlights the quantity, diameter at breast height (DBH) and condition of trees to be removed and the quantity and caliper size
2. A tree survey and tree mitigation report, collectively known as a Tree Mitigation Plan, will be reviewed and approved by the Development Services Department through the landscape plan review process. Approval of a Tree Mitigation Plan shall be granted only if the Development Services Department finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing trees and to otherwise enhance the aesthetic appearance of the development by the incorporation of trees in the design process. Relocation or replacement of trees may be required as a condition of approval in accordance with the criteria set forth in this Section. No tree removal shall take place until a Tree Mitigation Plan has been approved by the Development Services Department.

[Orland Park, IL]

An applicant shall submit a landscaping plan incorporating proposed tree protection measures for any existing trees located in the public way and on any site at any project or construction site where improvements are proposed in compliance with these Standards. A fully-dimensioned landscape plan must include, at minimum, the following:

1. Existing trees to remain and/or be removed, including caliper size.
2. Parkway raised planter layout, including width, length, and spacing dimensions.
3. Dimensions for spacing of parkway trees.
4. Dimensions and construction materials for integrated planters.
5. Landscape design using plant symbols.
6. Tree and vegetation planting schedule, species list, or legend identifying plant symbols by general categories.
7. Stormwater mitigation features such as swales, retention ponds, etc.
8. Any potential detrimental effects to existing trees that might result from construction activities within the dripline of any existing trees located in the public way

[Chicago, IL]

Prior to permit approval, a full site assessment is conducted to establish base-line soil parameters such as water infiltration and permeability tests, soil bulk density/penetration resistance measurements, profile assessment and macro- and micro-nutrients, organic matter and soil pH and Electrical Conductivity, which are  important metrics of soil health. After  construction, these factors would be reviewed to determine if the site was impacted. If parameters are not close to baseline measurement, developers must provide abiotic and biotic remediation to attain baseline within a specified time frame. The ordinance may require photographs of each tree as well as corresponding tree/soil health conditions and determinations to be included in the plan.

The ordinance stipulates that a tree shall not be removed unless it is  an invasive species, the tree is dead, dying, diseased, or a threat to public health or safety, the tree interferes with the provision of public services, the location of the tree prevents development or redevelopment that cannot be designed to protect the tree, or the tree preservation presents economic hardship for the applicant. Note that economic hardship can be more clearly defined in the  ordinance to avoid unnecessary removals.

Examples

Basis For Permit Approval: The Department of Public Works may approve an application for a tree removal permit under one or more of the following circumstances:

2.3.1. Safety Hazard: The tree poses a safety hazard to persons, property or the community, which cannot be remedied by proper tree pruning techniques alone.

2.3.2. Diseased Or Weakened Trees: The tree is substantially diseased or weakened by age, storm, fire, or other injury.

2.3.3. Observation Of Good Forestry Practice: Removal of one or more specified trees is in accordance with good forestry practice, such as when the parcel of land will only support a certain number of healthy preservable trees which is less than the number of existing preservable trees on the parcel.

2.3.4. Approved Landscape Plan: Pursuant to an approved landscape plan for the parcel.

2.3.5. Economic Hardship: The preservation of a designated tree or trees would deprive the owner of all economically viable use of the parcel.

[Naperville, IL]

The ordinance stipulates that a tree shall not be removed unless it is an invasive species, the tree is dead, dying, diseased, or a threat to public health or safety, the tree interferes with the provision of public services or is a hazard to public safety. All reasonable efforts have been made to avoid tree removals, and a certified arborist must be on-site before the permit is approved. Economic hardship is not a reason for removing healthy trees (See Exceptions).

Examples

Conditions Of Permit Issuance: Approval of an application for a building permit involving tree removal activity shall be granted only if the Village Forester finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing trees and to otherwise enhance the aesthetic appearance of the development by the incorporation of trees in the design process. Relocation or replacement of trees may be required as a condition of approval in accordance with the criteria set forth in this article. No tree removal shall take place until the issuance of a tree removal permit.

[North Barrington, IL]

The objective of the City of Chicago’s Tree Protection requirements is to minimize the negative impacts of construction activities on street trees.  With proper planning, many negative impacts on trees can be avoided.  For instance, placement of underground utilities and service connections to new buildings should be designed so that the proposed service lines exit the building and are installed as far away from existing trees as possible.  The specifications that follow detail minimum distances that the edge of excavation needs to be in order to ensure that there is minimal impact on existing parkway trees.

A Tree Removal Permit shall be issued only in the event the City finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing street trees.  As a condition of the Tree Removal Permit, replacement trees and/or compensation for lost value may be required.

A.) Building Placement and driveway, walkway and parking areas shall be designed in such a way as to avoid unnecessary removal of existing street trees.

B.) Proposed placement of all utility services lines shall be shown on the site/landscaping plan.  Every effort shall be made to protect existing street trees during the placement of utility service lines including auguring and/or jacking as opposed to open cutting as appropriate.

The tree protection requirements are intended to guide a construction project to insure that appropriate practices will be implemented in the field to eliminate undesirable consequences that may result from uniformed or careless acts, and preserve both trees and property values.

Tree Protection Required:

1.) An applicant shall protect trees and plants in the public way.
2.) An applicant shall submit a landscaping plan incorporating proposed tree protection measures for any existing trees located in the public way and on any site at any project or construction site where improvements are proposed in compliance with these Standards.
3.) The landscaping plan shall identify any tree proposed for removal and shall provide explanation for proposed removal.
4.) The landscaping plan shall identify any potential detrimental effects to existing trees that might result from construction activities within the dripline of any existing trees located in the public way.
5.) The applicant shall notify the City within 24 hours of any suspected damage to trees resulting from construction activities.  If damage occurs during construction, the applicant shall have the damaged tree repaired, if possible, or removed if hazardous or if the tree is irreparably damaged.

[Chicago, IL]

It shall be unlawful for any person to Remove or Damage, any Protected, Key or Heritage Tree prior to issuance by the City of a Tree Removal Permit therefor. Tree Removal Permits authorizing the Removal of Protected, Key or Heritage Trees under the provisions of this Section 94.403 may be issued by the City for the following reasons:

(1) The Protected, Key or Heritage Tree is dead or dying;

(2) The Protected, Key or Heritage Tree is diseased;

(3) The Protected, Key or Heritage Tree is damaged or injured to the extent that it is likely to die or become diseased, or that it constitutes a hazard to persons or property;

(4) Removal of the Protected or Key Tree is consistent with good forestry practices;

(5) Removal of the Protected or Key Tree is deemed appropriate by the City Forester in his or her professional judgment; and/or .

(6) Removal of the Protected or Key Tree will avoid or alleviate an economic hardship or hardship of another nature on the Lot or residence located on the Lot.

(B) The City Forester shall not issue a Tree Removal Permit pursuant to this Section 94.403, except upon: (1) receipt of a completed application therefor, pursuant to Section 94.405 of this Chapter; and (2) a determination that issuance of the requested Tree Removal Permit is authorized pursuant to Section 94.403(A) of this Chapter.

Except as provided in Sections 94.403(A)(1) through 94.403(A)(3) of this Chapter, no Tree Removal Permit shall be issued to an applicant for a building permit unless the City finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing Protected, Key and Heritage Trees, in accordance with the following:

(1) Building placement and driveway, walkway and parking areas shall be designed in such a way as to avoid unnecessary removal of Protected, Key and Heritage Trees.

(2) The required drainage and grading plan shall be developed in such a way as to avoid removal of Protected, Key and Heritage Trees wherever possible and to protect remaining Protected, Key and Heritage Trees and Trees with a six inch (6″) DBH or larger located in the Tree Preservation Area from risk of loss through change in grade or moisture.

(3) All utility lines shall be augured through tree preservation areas unless the City Forester or his or her designee provides written authorization of an alternative procedure. A copy of the Tree Preservation Plan and this Chapter shall be submitted to the appropriate Regulated Public Utilities by the General Contractor in order to alert said Regulated Public Utilities to the proposed placement of the regulated utility service lines.

(4) Preliminary landscape planning shall have been accomplished to reflect Tree replacement required by this Chapter and shall include preservation of existing healthy Protected, Key and Heritage Trees.

(5) The Root Zone and Canopy Zone of Protected, Key and Heritage Trees on Lots adjacent to the Lot in question on which construction activity will take place shall be carefully reviewed and considered during the preparation of the Tree Preservation Plan. Every effort should be made during the architectural layout and design of the proposed development to preserve Protected, Key and Heritage Trees on adjacent Lots through sensitivity to the Root Zones and Canopy Zones of said Trees. If the Tree Survey and Tree Preservation Plan show an impact of the planned construction activity on a Heritage Tree, its Root Zone or Canopy Zone, wherever located, then the City Forester must approve the Plan in writing prior to commencement of the construction activity.

(6) If, notwithstanding the decision of the owner to preserve a Protected, Key or Heritage Tree impacted by the placement of a building, driveway, walkway or parking area, the City Forester determines, in exercise of his professional judgment, that there exists a substantial likelihood that the impacted tree would die within a year from date of construction completion as a result, either directly or indirectly, of the construction activity, then the City Forester may require the owner to plant replacement trees as required pursuant to Section 94.403(C) of this Chapter. The replacement tree must be planted within six months after the date of written notice to the owner of the City Forester’s decision to require planting of the replacement tree.

[Highland Park, IL]

Permits authorizing the removal of trees may be issued by the City Forester in accordance with, but not necessarily limited to, the following conditions:

1. The tree is dead, dying, diseased, or within the Buffer Zone.
2. The tree is damaged or injured to the extent that it is likely to die or become hazardous within three years.
3. Removal of the tree is consistent with good forestry practices in consideration of the species, location, condition, age, safety, and historic/aesthetic value of the tree to be removed.
4. Removal of the tree will enhance the health of one or more trees, of greater relative value, within the immediate vicinity of the tree to be removed.
5. Reasonable efforts have been undertaken in the architectural layout and design of the proposed development or improvement to minimize tree damage and/or removal.

[Park Ridge, IL]

General procedures.

(1)The village engineer or his designee shall review and evaluate each site development permit application for compliance with the provisions of this chapter. The village engineer may refer the application to other agencies for review and comment.

(2) Following review and evaluation, the village engineer or his designee shall forward the permit application to the director of public works with a recommendation of approval or denial. Recommendations of denial shall indicate reasons for the negative recommendation.

(3) For any site development that has the potential to result in the removal or damaging of trees, a tree permit shall be obtained and requirements under the tree permit and site development permit shall be followed.

[Libertyville, IL]

Same as Recommended.

Same as Recommended.

Protection of certain trees is mandated (See Applicability and  Scope) during construction. The provision follows a nationally recognized standard such as the ANSI A300, and it  may include diagrams for requirements to exemplify regulations, or refer to such in a management plan or specifications book. Regular site inspections by the governmental entity may be included, and if inspection results in failure to comply, a stop work order shall be issued. (See Enforcement and Right to Inspect).

Examples

Practices during construction

1. All Tree Preservation Zones shall be maintained free of all construction activity, construction equipment, material or spoils storage, compaction, fill, and debris.
2. Crushed limestone, hydrocarbons, or other materials detrimental to trees shall not be dumped within the root zone of any tree to be preserved nor at any higher elevation where drainage toward the tree could affect its health.
3. No attachments, signs, fences, or wires, other than those approved for bracing, guying or wrapping trees, shall be attached to trees during the construction period.
4. Unless otherwise authorized by an approved Tree Preservation Plan, no soil shall be removed or added within the root zone of any tree to be preserved.
5. The boundary between the Construction Zone and the Tree Preservation Zone shall be fenced during the course of construction in a manner that clearly identifies where construction activity is prohibited. The City shall have the authority to issue a stop work order until adequate fencing is provided or repaired.

[St. Charles, IL]

Tree Protection Area: The tree protection area is the area of the property, within the construction activity protection plan, in which no construction activity may be conducted.

All reasonable measures and protective materials must be employed to protect trees within the tree protection area. Protective materials may include, without limitation, the temporary installation of high visibility plastic mesh fencing or other, similar materials specifically approved by the public works director. All such fencing must be at least four feet (4′) in height and be secured to metal posts driven into the ground and spaced not more than six feet (6′) apart.

All protective measures and materials must be in place and approved by the public works director before commencement of any construction activity. Protective materials may not be removed until the public works director approves such removal after the completion of all construction activity. No attachments, fences, or wires, other than those approved for bracing, guying, or wrapping may be attached to any protected private tree during the construction activity.

[Lake Zurich, IL]

Create and implement an erosion and sedimentation control plan for all construction activities associated with the project. The plan must conform to the erosion and sedimentation requirements of the 2003 EPA Construction General Permit OR local standards and codes, whichever is more stringent. The plan must describe the measures implemented to accomplish the following objectives:

— To prevent loss of soil during construction by stormwater runoff and/or wind erosion, including protecting topsoil by stockpiling for reuse.
— To prevent sedimentation of storm sewers or receiving streams.
— To prevent pollution of the air with dust and particulate matter.

[US Green Building Council, LEED BD+C 2009]

Where any construction activity is taking place, the following preservation methods and standards must be followed:

No construction activity, movement and/or placement of equipment, vehicles, material, spoils, excess soil, additional fill, liquids, or construction debris shall be placed within the protected root zone or at any elevation above the root zone.

Crushed limestone and other materials detrimental to trees shall not be dumped within the protected root zone of any tree nor at any location above the root zone where drainage toward the tree could reasonably be expected to affect the health of the tree.

Appropriate protective fencing shall be temporarily installed at the periphery of the tree’s root zone/dripline. All fencing must be secured to metal posts driven into the ground no further than ten feet apart. The entire parkway must be fenced and maintained for the period of the construction whether trees are present or not. Either the existing drive or the proposed drive may remain open.

No attachments, signs, fences, or wires, other than approved for bracing, guying, or wrapping shall be attached to trees during the construction period.

Other measures, including but not limited to, construction pruning and root pruning may be required upon the written demand of the City Forester.

Unless otherwise authorized by the City Forester, no soil is to be removed or added within the root zone area of any tree.

All Protected Trees within 12 feet of the building footprint shall be evaluated by the City Forester to determine the effect of the construction on the trees’ long-term survivability and safety. Protection or removal may be required accordingly.

The general contractor shall be responsible for the construction, erection, and maintenance of temporary fencing in accordance with the conditions of the building permit around tree preservation areas. Violation will result in the stoppage of all work until corrections have been made to the satisfaction of the City Forester.

[Park Ridge, IL]

The ordinance mandates protection of certain trees (See Applicability and Scope) that meet criteria for protection during construction. Requiring developers to abide by regulations set forth in the American National Standards Institute for Site Planning and Site Development (ANSI A300 Part 5) is a viable option. Wherever applicable, technologies that are accepted and recognized by international standards or boards for tree and soil preservation should be used, including but not limited to proper root pruning before construction impacts utilizing best management practices (trenching, air spading), and mulch and plywood applications to reduce soil compaction from construction equipment and  the use of ground penetrating radar to identify the critical root zone to ensure roots are not impacted by construction activity that compacts soils. Integrate peer-reviewed soil restoration techniques (air-spading, vertical mulching, worm mulching, companion planting, etc.) that improve soil quality to promote healthy, long-lived trees.

Examples

3.6. Structural or engineered soil should be used in planting pits, continuous trenches, and in other areas as necessary in order to provide a sustainable growing environment for public trees. [Planting pits and continuous trenches are defined in the Glossary section of this policy.

[Minneapolis, MN]

The following measures for the preservation and protection of trees shall be required:

(A) Required protective measures. Measures required to protect significant trees and significant woodlands shall include:

1. Installation of orange polyethylene laminate safety netting and metal stakes placed along the disturbance zone and around significant trees to be saved;
2. Prevention of soil compaction or alteration of existing grades in critical root zones;
3. Placement of utilities in common trenches outside of the critical root zone of significant trees, or use of tunneled installation;
4. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuel or paints;
5. Calculation of critical root zones of all significant trees near disturbance zone and adherence to maximum 40% removal of critical root zone;
6. Root pruning during construction along all disturbance zones shall be done by hand with a chainsaw or with a Vermeer designed for root sawing (machine will shatter roots);
7. Tree stumps to be removed by grinding, not with a bulldozer, in all areas where root pruning does not occur;
8. Natural ground cover (not sod) shall be maintained where clusters or areas of significant trees exist;
9. No vehicles or equipment parking or driving out of the construction boundaries;

(B) Optional protective measures. Measures to protect significant trees and significant woodlands may include, but are not limited to:

1. Installation of retaining walls to preserve trees;
2. Reduced row and paved areas when it can be illustrated that such variances save trees;
3. On-site layout of roads and house pads;
4. Flaglots and other unconventional lot shapes when it can be illustrated that such variances save trees;
5. Variable setbacks when it can be illustrated that such variances save trees;
6. Larger lots in treed areas;
7. Common washout pond for cement, paint etc., outside of woods;
8. Basements dug with backhoe and material removed from site;
9. Cement pumped in;
10. Specified stock pile areas;
11. Prioritize trees to be saved;
12. PUD zoning.

[Saint Michael, MN]

If trees  are removed, they must be replaced on-site if possible, off-site if needed and practicable, or a fee-in-lieu to be paid if not. The CRTI recommends that tree preservation be the first and best option. Allowing a fee-in-lieu option should be a last resort because this model can result in a detrimental loss of trees and canopy for miniscule fees compared to the cost of losing mature trees. Replacement regulations stipulate the type and size of trees that must be planted if a protected tree is removed. For instance, trees are replaced on a per-stem ratio, e.g., for every tree removed, two new trees must be planted. Developers can pull from an approved list of species that requires a certain size. It is recommended that trees be planted in accordance with ANSI A300 planting standards.

Trees are replaced on a per-diameter-inch basis, e.g., if a 10-inch DBH tree is removed, 10 inches of new trees (ten 1-inch trees or five 2-inch trees) trees must be planted. Species selection must be genetically diverse and come from an approved species list. The planting locations must be approved by a certified arborist.

Examples

If a protected private tree is removed for any reason or is seriously damaged, destroyed or razed during construction or other regulated activities, such trees shall be replaced with new trees in accordance with the following:

A.   Tree Replacement Schedule:

[Inverness, IL]

The Village Manager or his or her designee shall require the applicant to replace the significant tree(s) removed with new trees, each of which shall have a minimum diameter of not less than three inches. The total diameter of replacement tree(s) shall equal or exceed the dbh of the tree(s) removed, unless the Village Manager or his or her designee determines that full replacement would result in unreasonable crowding of trees upon the subject property. In such an event, the applicant shall be responsible for payment of a tree replacement fee as set forth in Section 14-17-9(E) of this Code…. If the subject property cannot accommodate the required replacement trees, or the applicant chooses to pay a fee in lieu of planting replacement trees on the property, the Village shall require payment of a tree replacement fee in the amount set forth in the Annual Fee Resolution per diameter inch of tree removed. The Village shall then use such funds to purchase and plant trees elsewhere on Village property.

[Lincolnwood, IL]

15-18-8 – TREE REPLACEMENT REQUIREMENTS

Any Healthy Protected Tree that is removed, and requires replacement by this Chapter shall be replaced with single stem trees from Appendix A. The minimum size of any replacement tree shall be two-inch DBH; the maximum size shall be four-inch DBH. The number of replacement inches is determined on the following basis:

DBH of 1—10 inches: No replacement trees required.

DBH of greater than 10 inches to 20 inches: One replacement tree required.

DBH of greater than 20 inches to 30 inches: Two replacement trees required (Min. of one tree planted back on site).

DBH of greater than 30 inches to 40 inches: Three replacement trees required (Min. of one tree planted back on site).

DBH of 40 inches or larger: Four replacement trees (Min. of two trees planted back on site).

At Risk Protected Trees that are removed do not require tree replacement.

If the City Forester determines that it would not be consistent with best arboricultural practice to plant replacement trees on the parcel from which trees were removed, then an amount of money equal to the value of the replacement trees shall be deposited into a tree bank replacement fund. This fund may only be used for the planting of trees on public property.

[Park Ridge, IL]

Trees are replaced on a per-diameter-inch basis, e.g., if a 10-inch DBH tree is removed, 10 inches of new trees (ten 1-inch trees or five 2-inch trees) trees must be planted. Alternatively, a matrix may be used. Replacement trees are bonded (insured) to ensure they survive the establishment phase after planting. Additionally, if there is not room to replant the specified number of inches/trees, a payment is provided at a specified value per inch (defined in a fines and penalty component of the code) and those funds are placed in an account to be used to plant trees somewhere else in the governmental entity. It is recommended that replacement trees are 1- to 2-inches  in DBH.

Examples:

TREE REPLACEMENT.

(A) It is required that tree replacement species come from the acceptable species list. The acceptable species list is provided in the Urban Forest Management Plan.

(B) Any tree which is required to be removed or which has been damaged shall require a bond to be posted until adequate replacements or remediation can be made. The bond amount is identified in the Fees, § 95.23, of the chapter. Determination of extent of damage is at the sole discretion of the governmental entity.

(C) Any tree species removed, six-inch DBH or six-inch group of trees, which is not identified on the invasive species list, but is identified on the acceptable species list, is required for replacement by this section. These trees shall be replaced based on the calculation of one replacement tree for every 2.5 inches of the total DBH of the removed tree or group of trees. All replacements shall be located appropriately as confirmed by a certified arborist and as approved by the village.

(D) When a tree removal is required as a result of any project, tree replacement shall occur within the landscape season. In the event of weather conditions or species specific needs which prohibit proper replacement of a tree, the village may issue written notice of an extension of up to 180 days upon written request by the applicant. If an extension is awarded to the applicant, the applicant shall notify the village when replacement is complete. If, after the 30 day or awarded 180-day extension, the tree is not replaced or the applicant has not notified the village that installation is complete, all bonds shall be forfeited and the bond money shall be placed in the Tree Bank.

[La Grange Park, IL]

Replacement trees shall be planted following  nursery stock (ANSI Z60.1) and planting standards (ANSI A300) according to the American National Standards Institute. It is recommended that replacement trees are 1-inch to -2-inch DBH for shorter establishment periods.

Examples:

All planting shall be done in accordance with current ANSI A300 Standards for Tree Care Operations, ANSI Z133 Safety Standards, industry best management practices, as well as the Administrative Standards that accompany this Section. Tree replacement under this Section shall be accomplished using trees of equivalent or better ecological value and quality on the Tree Species List.

[Decatur, GA]

Replacement trees shall be planted in conformance with nursery stock (ANSI Z60.1) and planting standards (ANSI A300) according to the American National Standards Institute. The ordinance requires soil volumes that encourage root growth and design standards that allow for water to reach tree roots. In general, trees need 1 to 3 cubic feet of soil per square foot of canopy of the mature species. Conservation design in the early stages of the design process (before permit approval) is encouraged.

Examples

Soil Requirements. A minimum soil depth of 36 inches and minimum planting bed width of six feet is required for all tree planting areas. Refer to Figure 11.03.1 Minimum Soil Depth and Figure 11.03.2 Minimum Planting Bed Width. In order to accommodate subsurface root expansion, a minimum volume of 1,000 cubic feet of structural soil is required per large shade tree or evergreen tree, and a minimum volume of 750 cubic feet of structural soil is required per medium shade tree. Whenever possible, tree plantings should be located to connect subsurface root spaces.

[Montgomery, IL]

Soil Volume Requirements:

• Large stature trees (>24 inches diameter at maturity requires): 1,200 cubic feet
• Medium stature trees (>16 inches diameter at maturity): 800 cubic feet
• Small stature trees: (>8 inches diameter at maturity): 400 cubic feet

[Minnesota B3 Guidelines]

Replacement trees shall be planted in conformance with nursery stock (ANSI Z60.1) and planting standards (ANSI A300) according to the American National Standards Institute. The ordinance requires that the replacement trees come from a nursery certified by the Illinois Nursery Inspection Program  It is recommended that replacement trees are 1-inch to 2-inch DBH for shorter establishment periods. Soil volumes and composition that encourage root growth for long-term tree growth are required. Root paths, drainage designs, porous pavers, or other solutions that encourage long-term growth of trees are required.

Examples:

Urban Design for a Wind Resistant Forest, University of Florida Extension Soil Volume Requirements:

• Small trees (shorter than 30’) = 10’x10’x3’ = 300 c.f.
• Medium trees (Less than 50’ height or spread) = 1,200 c.f.
• Large trees (Greater than 50’ height or spread) = 2,700 c.f.

Other conservation design elements for prepping tree planting sites in urban environments can be found at the University of Florida Extension here.

Same as Recommended.

A governmental entity would establish a tree bank to handle mitigation funds from tree violations, damages, or development impacts. These funds shall be used to support tree replacement in the community.

Examples

Village Use of Tree Bank Funds: When the total amount of required replacements cannot be installed, or are not installed and approved before the Code prescribed completion date, Equivalent Value of trees not planted will be forfeited to the Village Tree Bank. The Village may use the forfeited funds to perform unrelated removals and replacements throughout the community.

[Lincolnshire, IL]

Fee-In-Lieu. A fee-in-lieu of providing replacement trees may be permitted with written approval of the Zoning Officer in instances where the Zoning Officer determines that the planting of such trees on-site is not practical. The fee required will be based upon a uniform fee per replacement tree established as a one-time fee by the Village Board. Such payment must be placed into a fund to be used by the Village for the acquisition, installation, and maintenance of replacement trees in the public right-of-way, or on Village owned property within the same zoning district as the subject use or within adjacent zoning districts of reasonable proximity to the subject use. The lot granted the fee-in-lieu of replacement trees must be credited permanently by ordinance or resolution identifying the number of trees for which payment was received by the Village.

[Montgomery, IL]

All tree replacement mitigation fees collected by the Village shall be used to promote the purposes of either planting trees in the Village or performing forestry maintenance activities as recommended by the Village Forester to eliminate or otherwise control diseased trees, damaged trees, trees that are inappropriate or injurious to other trees in the local ecology, or trees that result in overcrowding of trees to the detriment of other healthy trees. Any use of tree replacement mitigation fees for any purpose other than tree replacement must first be expressly approved by the Village Board.

[Bannockburn, IL]

Same as Recommended.

If there is noncompliance before or during construction, your governmental entity could issue a stop work order until all requirements have been complied with.

Examples

Stop work order.

1. If the protective measures and materials required by this Section, or any other related measures or materials otherwise required by this Section, are not fully implemented and completely constructed prior to commencement of construction activity, the City Manager or designee may issue a stop work order until the applicant fully complies with the requirements of this Section.
2. If protective measures and materials constructed and employed on the subject property are not adequately maintained in a manner that protects Protected Trees and the tree protection area, the City Manager or his/her designee may issue a stop work order until the measures and materials are repaired, restored, and constructed to the satisfaction of the City Manager or designee.

[Evanston, IL]

If, in the opinion of the Planning Department, the necessary precautions as specified in the Preservation Plan for the development were not undertaken before or during construction to ensure the preservation of the trees, the building permit for the parcel shall not be issued, or, if previously issued, may be revoked until such time as these precautions have been complied with.

[Arlington Heights, IL]

Methods to be used to protect trees designated for preservation by the tree preservation plan shall be clearly specified. If, in the opinion of the village engineer or his designee, the necessary precautions as specified in the tree preservation plan were not undertaken before or maintained during construction, the site development permit for the parcel shall not be issued or, if previously issued, shall be revoked or suspended until such time as these precautions have been satisfactorily implemented.

[Libertyville, IL]

If there is noncompliance before or during construction and the applicant in question harms or kills a tree, your governmental entity could require those trees be replaced (See Relocation or Replacement) or pay a fee (See Tree Bank). The following examples show a range of fees based on the size and number of trees. More explanation for the levels of suggested use are in the Relocation or Replacement component of this guide. Minimum penalties would include a low penalty on a per tree basis, an amount that normally would pay for a replacement tree and installation (~$400). Recommended penalties include a medium penalty, based on tree size, condition, and species using a chart or similar fine structure (e.g., 0- to-10-inch tree: $X, 10- to 20-inch: $Y, 20+-inch tree: $Z). Fines should include all costs related to tree selection, planting, restoration of surrounding land, and establishment maintenance (minimum 3 years) needed to replace the lost tree. A high penalty could be based on structural replacement cost (i.e. ISA’s Guide for Plant Appraisal, Council of Tree and Landscape Appraisers tree appraisal). Consider additional penalty for loss of a tree’s annual benefits. Other non-fine-based innovative mitigation efforts may also be required.

Examples

13-1-11: Penalties

Any person found guilty of violating any provision of this Chapter shall be assessed a fine as prescribed in the Comprehensive Fine Schedule set forth in Chapter 17 of Title 1 of this Code. Each tree cut down, destroyed, damaged, removed or moved in violation of this Chapter shall constitute a separate offense. In addition to these penalties, if a tree is removed in violation of this Chapter 1, all replacement requirements of this Chapter shall be applied.

In lieu of, or in addition to, the payment of fines, the Village may require that violators of this Chapter take actions such as, but not limited to, soil aeration, vertical mulching, pruning, fertilizing, grade alteration, and/or tree replacement, to reduce and/or minimize tree damage.

13-1-13: Civil Remedies

In addition to any other remedies provided by this Chapter the Village shall have the following judicial remedies available for violations of this Chapter or any permit condition promulgated under this Chapter:

1. The Village may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury caused by the removal of trees in contravention of the terms of this Chapter.
2. The Village may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this Chapter to enjoin any violation, and to seek injunctive relief to prevent irreparable injury to the trees or properties encompassed by the terms of this Chapter.

[Lincolnshire, IL]

1. Any person, who removes or substantially destroys a tree(s) without a City tree removal permit, in violation of Section 15-18-3, shall be fined a minimum of $500.00 per inch of tree DBH.
2. Any person who violates any other provision of this Chapter shall be fined not less than $250.00 and not more than $2,500.00 for each violation.
3. Where applicable, each day that a violation exists shall constitute a separate offense.
4. The payment of a fine shall not relieve any violator of this Chapter from tree replacement requirements.

[Park Ridge, IL]*

*Under Illinois Municipal Code, fines for ordinance violations are limited to a maximum of $750 per offense. Park Ridge is a home rule community, meaning it has the power to increase these fines. Consult  legal counsel when determining  penalties to ensure you are following state law relative to any applicable limits.

Any person found guilty of violating any provision of this Section shall be assessed [at a penalty] as prescribed in the Fee Section of the Code. Each tree cut down, destroyed, damaged, removed or moved shall constitute a separate offense. In addition to these penalties, if a tree is removed in violation of this Section, all replacement requirements of this Section shall be applied.

[CRTI Silver Ordinance]

Any person, firm, corporation or public utility who is found to be in violation of any provision of this chapter 99 shall be fined not less than $50.00, nor more than $750.00, with each day any such violation exists constituting a separate and distinct violation, and each tree impacted in violation of this chapter 99 resulting in a separate and distinct violation.

[Lombard, IL]

If there is noncompliance before or during construction, your governmental entity could initiate proceedings to suspend the business license of entities involved until there is compliance.

Examples:

Any entity that violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of, any of the provisions of this Article 17 two or more times during any eighteen-month period shall be subject to the suspension or revocation of its business license pursuant to Section 9-1-14 of this Code.

[Lincolnwood, IL]

A process for appealing a decision and any required time limit for doing so is established with clear instructions on how to apply for appeal. Appeals are directed toward a legal power higher than the power making the challenged determination, and this person or group possesses some knowledge of the value of trees.

Examples

9. 708: APPEALS:

Any action or decision by the forestry/ground’s superintendent pertaining to the enforcement of this article may be appealed to the director of public works. An appeal must be filed in writing within thirty (30) days after the decision of the forestry/grounds superintendent. Only after the director of public works issues a decision may the issue be further appealed to the village manager. An appeal to the village manager must be submitted in writing including the reasons for the appeal within thirty (30) days after a decision has been rendered by the director of public works. The decision of the village manager shall be final and will be mailed to the applicant and the director of public works.

[Mount Prospect, IL]

13-1-10: Appeals

Any person aggrieved by any decision of the Village staff in the enforcement of any terms or provisions of this Chapter may, within ten (10) days after the date of the decision, appeal to the Mayor and Board of Trustees by filing a written notice of appeal with the Village Clerk. The notice shall set forth concisely the decision and the reasons or grounds for the appeal. Reasonable notice of the hearing shall be provided by the Village Clerk to all affected parties. The Board may affirm, modify, or reverse the decision. The decision of the Board shall be final, and no petition for rehearing or reconsideration shall be available. The rules of evidence shall not apply to an appeal hearing. The hearing shall be conducted in a manner which affords reasonable due process.

[Lincolnshire, IL]

A process for appealing a decision is established and any required time limit for doing so with clear instructions on how to apply for appeal. Appeals are directed toward a legal power higher than the power making the challenged determination, and this person or group possesses some knowledge of the value of trees such as an environmental commission or tree board. Consider including  standards for the appealing body to apply in reviewing the decision as well. If an appeal ultimately makes its way to a court of law, the court will look for an applicable standard and whether it was properly applied.

Examples

The property owner may appeal in writing to the Environmental and Health Commission any decision made by the Village Forester under the provisions of this article within thirty (30) days of the decision rendered. If not satisfied with the decision made by the Environmental and Health Commission, the property owner may appeal in writing to the Village Board of Trustees within thirty (30) days of the decision being rendered by the Environmental and Health Commission.

[North Barrington, IL]

Hearing of disputes. The tree commission, upon the request of any person who disagrees with the decision of the arborist, shall hear all issues of the disputes which arise between the city arborist and any such person whenever those issues involve matters of the interpretation of the arboricultural specifications manual or of the interpretation or enforcement of this article, including disputes regarding the issuance of permits, or the concurrence or nonconcurrence of the arborist in permits required under other ordinances or laws, or the abatement of nuisances. The decision of a majority of the appointed members of the tree commission with regard to such dispute shall be binding upon the arborist. Nothing in this section shall be construed to limit the jurisdiction of any court of law with respect to such disputes.

[Urbana, IL]

Same as Recommended.

Prohibited and illegal species lists as well as  preferred species lists are present in the ordinance or urban forest management plan. These lists dictate what may be planted on public property or as replacement trees on private property.  It is recommended that you use or reference a third-party list (e.g. USDA, The Morton Arboretum, etc.), as many ordinances do not get updated as knowledge of adequate species evolves (e.g. ash, callery pear, etc.).

Examples

Trees planted shall consist of species on the acceptable species list in the urban forest management plan or be approved by the city arborist.

[Joliet, IL]

Prohibited and  illegal species lists as well as  preferred species lists are present in the ordinance or urban forest management plan. These lists dictate what may be planted on public property or as replacement trees on private property. It is recommended that you use or reference a third-party list (e.g. USDA, The Morton Arboretum, etc.), as many ordinances do not get updated as knowledge of adequate species evolves (e.g. ash, Callery pear, etc.). This list may also include invasive species that may not be planted on private property. Certified arborists or governmental entities are designated to assist in selecting the best spots and species for newly planted trees, especially replacement trees.

Examples

Any tree species removed by a homeowner, private developer or contractor, six inches (6″) DBH or six inch (6″) group of trees, which is not identified on the invasive species list, but is identified on the preferred species list, is required to be replaced in accordance with this section. These trees shall be replaced based on the standards set forth in the “Guide for Plant Appraisal”, latest edition. All replacements shall be located appropriately as confirmed by a certified arborist and as approved by the Director of the Department of Municipal Services, or their designee.

[Western Springs, IL]

Prohibited and illegal species lists as well as  preferred species lists are present in the ordinance, included in an urban forest management plan, or in a referenced third-party list (e.g., USDA, The Morton Arboretum, etc.). Advanced considerations such as tree allergens, (e.g, pollen-control ordinances that look to limit the most problematic clonal male trees and build female tree populations to reduce community pollen issues), and long-term climate change goals (e.g., potential for carbon storage) may be included. Lists include species that are likely to perform well in more northern latitudes as climatic regimes shift.  This also includes omitting species that are currently at the southern range of their climatic tolerances (i.e. pines).  Requirements for native vegetation beyond trees are included for optimal stormwater management.

Examples (in tandem with examples in the Recommended components):

1. New development must include establishment of vegetation using the Native Plant Guide for Streams and Stormwater Facilities in Northeastern Illinois, NRCS, et al., (as amended) as a minimum standard for: a. drainage swales, b. perimeters of detention basins, and c. edges of streams, lakes, and wetlands.
2. In addition, natural landscaping is encouraged in other areas such as common areas. A landscape plan should be submitted with the final plat of subdivisions

[Conservation Design Resource Manual Example ordinances, Chicago Metropolitan Agency for Planning]

An exemption may be authorized when a tree, due to natural circumstances, is dead or irreversibly declining, is deemed to be a nuisance tree or species, is in danger of falling, creates a line-of-sight obstruction, or is a health hazard. Such a tree may be removed only after approval has been granted by the tree manager or other governmental entity authority. An exemption may also be authorized for special conditions, e.g., agricultural clearing, nurseries, silviculture, nuisance trees or species, and emergencies, or if regulations are shown to cause unreasonable hardship on the permit applicant.

Examples

Exceptions. If because of emergency weather or other casualty conditions a tree is endangering health, safety or property and requires immediate removal, verbal authorization may be given by the city arborist for the tree removal without obtaining a written permit. Such verbal authorization shall later be confirmed in writing by the city.

[Joliet, IL]

An exemption may be authorized when a tree, due to natural circumstances, is dead or irreversibly declining, is deemed to be a nuisance tree or species, is in danger of falling, creates a line-of-sight obstruction, or is a health hazard. Such a tree may be removed only after approval has been granted by the tree manager or other governmental entity authority. An exemption may also be granted during permit issuance, and only be granted if all reasonable efforts have been made to alleviate harm to trees. Economic hardship is not a hardship listed as a reason for exemption.

Examples

The City Council may approve exceptions to this Paragraph pursuant to approval of a Subdivision Plan, Planned Unit Development or Special Use. Any such exception must include a specific finding that the alternative will be in furtherance of the City’s policies as a Tree City.

[Park Ridge, IL]

The City Council may approve exceptions to this Paragraph pursuant to approval of a Subdivision Plan, Planned Unit Development or Special Use. Any such exception must include a specific finding that the alternative will be in furtherance of the City’s policies as a Tree City.

[Park Ridge, IL]

2. Tree and City emergencies.

In the event that a tree may imminently cause harm to people and/or property, the City Manager or designee, are is authorized to waive the requirement for a tree permit or tree permit application prior to removal or other work resulting in a significant impact to the Protected Tree. The property owner(s) and/or other person whose life or property may imminently be harmed by a hazardous tree may take any reasonable action necessary to mitigate the immediate danger and/or hazard. This action must align with best practices developed by the International Society of Arboriculture (ISA) and ISA risk assessment algorithms that minimize the likelihood of inadvertent damage to or removal of any trees. The City assumes no responsibility or liability for any action taken.

The individual or entity taking the action must report all response activities to any of the above City officials as soon as safely possible and file an after-the-fact tree preservation permit application within forty-eight (48) hours. The City Manager or designee will review the request and if the tree was sufficiently hazardous to justify damage to or removal of the tree(s), a retroactive tree preservation permit will be issued with appropriate fees but no penalties. If the City Manager or his/her designee determines that the hazard was not sufficient to justify the damage or removal of the tree(s), then the action will be deemed a violation of this Section, and the damaged or removed tree(s) will be subject to permit and mitigation fees pursuant to this Section.

3. City-led led projects. Tree preservation permits will be required for all City-let led projects reviewed by the Public Services Bureau, but all permit fees will be waived.

4. Dead, extremely hazardous, imminently dying, Group D, or other invasive trees with a DBH greater than six (6) inches may be removed with a tree preservation permit, and mitigation is encouraged.

[Evanston, IL]

Standards For Variance:

5.1. A landscape variance may be issued early if the petitioner establishes that:

5.1.1. Strict enforcement of this Chapter would result in practical difficulties or impose exceptional hardships; and

5.1.2. The principal reason for the variance is other than an increased income or revenue from the property; and

5.1.3. The variance, if granted, will not alter the essential character of the neighborhood, will not be a substantial detriment to adjacent property, and will not increase congestion or traffic hazards in the public streets, or otherwise impair the public health, safety, comfort, and general welfare.

[Naperville, IL]

Same as Recommended.

An ordinance may require that the permit applicant meets with forestry staff before the permit application process starts. It may also require that the site be inspected before the municipality issues  the permit to confirm protections for protected trees are in place.

Examples

(4) Consultation. Upon submission of an application, an applicant for a tree permit may consult with the Building Commissioner and/or the Village Forester to determine whether the application as proposed would comply with this chapter and with the current standards generally observed by professionals in the forestry, landscaping and landscape architecture professions. However, in no case shall the results of such consultation be deemed either an approval of any application or a binding determination that no tree permit is required. Such results shall in no case entitle any applicant to the issuance of a tree permit. The applicant shall be responsible for payment of any costs incurred in providing such consultation services.

[Bannockburn, IL]

E. Inspections: Work shall not begin on the site until the site has been inspected by the Village for compliance with the tree preservation plan.

F. Plan Available At Site: An approved tree preservation plan shall be available on the building site before work commences and at all times during construction of the project. The general contractor shall be responsible for notifying all other contractors of the tree preservation plan.

[North Barrington, IL]

An ordinance may require periodic inspections during construction to check that all tree protections standards are in place and that the tree preservation plan is being followed.

Examples

The village engineer or his designee shall make inspections as required in this section, and shall either approve that portion of the work completed or shall notify the permittee in writing of any specific instances where the work fails to comply with the site development, erosion and sedimentation control plan, or tree preservation plan or tree removal permit as approved.

[Libertyville, IL]

This inspection is to review for any noncompliance with the ordinance, check for vitality of newly planted replacement trees, evaluate impacts on or condition of existing trees, and check the condition of soils. Inspections may occur years after replacement trees have been planted and may trigger the release of the cash bond (See Final Inspection and Cash Bonds). Note that it can take up to sixty (60) months for trees damaged during construction to show signs of decline.

Examples

(a) A Village representative may make inspections of a site at any time before, during and/or within one year of plant installation. The Village shall inspect plant material, installation practices, etc. to determine developer/contractor compliance with guidelines, regulations and ordinances.

[Hoffman Estates, IL]

Same as Recommended.

The ordinance stipulates that if any part of the ordinance is invalidated, the remainder is unaffected and remains in full force and effect.

Examples

If any provisions of a section of these codified ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.

[Springfield, IL]

Same as Recommended.