This resource is an extension of the entry-level components for building a 21st century ordinance for tree preservation in land development.
The following advanced component sections add to the core of your community’s ordinance.
These 11 components go above and beyond the entry-level tree preservation components but are highly recommended for inclusion in a development code. Within each component, there are basic, recommended, and aspirational uses, meaning your governmental entity can make advances to protect the urban forest as your community develops.
Using the navigation, you will find components of a tree preservation ordinance, for use in development situations, with a common format.
These components can be selected based on what your community needs from your ordinance, and your governmental entity’s goals and objectives. Components are designed to be modular, and can be mixed, matched, and organized as appropriate for the situation.
Component definition: what the component covers, in short.
Importance: why it is important to incorporate the component into an ordinance.
Notes: additional information needed.
Components fall on a spectrum, depending on your community’s capacity. Choose one that fits the community’s needs, but keep in mind what steps you could take to move to the next suggested use.
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.
As you begin to build out an ordinance, start by defining your community’s current progress in relation to tree preservation. Does your governmental entity already have an ordinance and wants to add to it? Or is this the first tree-related development ordinance? What stakeholders do you need to engage to build an effective and usable ordinance? What structure should you build internally to enforce the ordinance?
Work closely with other departments and agencies in your community and initiate wide involvement in the process to mitigate issues in the future. CRTI recommends that tree regulations are easily understood and accessible. Tree regulations may fit into an existing code for building permit acquisition or be a section on their own. Your community and developers may benefit from giving a manual, packet, checklist, or other resources that summarize the requirements in plain language to interpret what developers need to do to comply with the regulations.
Enforcement is vital to the success of tree preservation codes and may require your community to make budgetary changes in order to enforce the code in a meaningful way. Work closely with other departments and stakeholders to ensure that the ordinance not only fits your community’s capacity but also allows for a pathway for expanded efforts and personnel to enforce the ordinance.
Communities adding tree preservation language to their development ordinance for the first time should consider adopting or amending a comprehensive plan to establish your community’s goals and to provide a clear direction for your ordinance. Comprehensive plans, while not binding, create a strong foundation on which to base regulatory changes when they include your community’s conservation goals and resource inventory. An urban forest management plan should be a part of your community’s comprehensive plan, and should include multiple departments in your community, and set the tone for future development in your community.
Communities creating their first ordinance should consider including each of the entry-level components in their ordinance at the CRTI recommended level. As needed, communities can augment their regulations by adopting an aspirational version, or drop down to a basic version if needed. To build on this entry-level ordinance, advanced components such as incorporating tree credits or cash bonds, can be incorporated into your community’s development or zoning code.
Advanced components build upon the foundation of your ordinance.
1. Conservation or Preservation Areas
2. Tree Credits and Other Incentives
3. Legacy and Heritage Tree Protection
4. Species and Genus Diversity Requirements
5. Tree Canopy Cover Requirements
6. Integration of Trees in Comprehensive Plans
7. Cash Bonds
9. Education and Outreach for Private Landowners
11. Purchase or Transfer of Development Rights and Conservation Easements
Designate higher degrees of protection for natural areas.
Component definition: Specifies additional rules, regulations, or exceptions for areas designated for conservation areas, protected areas, areas in a particular natural state, historical context, or areas designated for special preservation. Establishing a conservation or preservation area may in some cases best be handled through rezoning the area in question to a zoning district designation that limits the ability to develop the area. Your community could also implement a zoning overlay district, which retains the underlying zoning designation of an area, but adds provisions that could encourage or incentivize conservation design in certain areas. (See Conservation Design).
Importance: Many landscape ordinances focus on individual site plans rather than the larger ecosystems that can be impacted. Designating conservation or preservation areas can bring a more holistic approach to protecting ecosystems. Specially designated conservation or preservation areas may be managed differently from other land uses and, as such, certain requirements may apply for their protection and care. The requirements may be as simple as “no impact” or as specific as required invasive species management, protection of drainage, restrictions on planting, or requirements of only planting specific species. Damage or impacts to these areas may also require intensive mitigation, restoration, or significant fines.
Notes: It is important to review the source of the restriction and identify whether it is based in state or local law (e.g., ordinances) or a private restrictive covenant. The regulations and the ability to modify them will change based on the source of the restriction. Best practice is to ensure the boundaries of conservation areas are well marked (e.g., stakes, flags) to avoid accidental disturbance or damage. It is also important to review local, regional, and state plans to determine if there are any conflicts or unique situations that should be considered, e.g. Great Lakes Restoration Initiative Action Plan, Oak Ecosystem Recovery Plan, OnTo 2050 Plan, watershed plans, etc.
The language for the preservation and protection of conservancy areas may be outlined on the plat of subdivision and, if so, that language should be used. If not, language recognizing the special significance of the area and the requirement that it be protected from any impact should be stated. When a conservation or preservation area is impacted, bonds for repair or mitigation are required from the offender. A list of restoration requirements may be placed in an urban forest management plan or other supplemental document or in the penalties and fees component of the code.
The language for the preservation and protection of conservancy areas may be outlined on the plat of subdivision and, if so, that language should be used as a minimum with additional protections provided by the governmental entity. These protections would outline the prohibition of any adverse impact and may include language such as “it is prohibited that any structures (permanent or temporary) shall be placed in the conservancy areas and that the removal of trees, brush, plant materials, or coarse woody debris within these areas is prohibited unless prior approval is granted.” When a conservation or preservation area is impacted, bonds for repair or mitigation are required from the offender. A list of restoration requirements may be placed in a supplemental document or in the penalties and fees component of the code.
Examples
No sodding, seeding, or grading, either excavation or filling or otherwise shall take place within a designated conservancy area. Buildings or structures, either permanent or temporary, shall not be placed within a conservancy area. The removal or addition of any trees, brush, plant material or coarse woody debris within these areas is prohibited unless prior approval is granted by the Environmental Services Supervisor.
It shall be unlawful for any persons to store yard wastes, including by not limited to grass clippings, compost piles, or firewood in any conservancy or buffer area.
Disturbed conservancy areas shall be immediately restored in accordance with the conservancy area restoration guidelines outlined in the Lincolnshire Village Code upon written request from the Village.
[Lincolnshire, IL]
The language for the preservation and protection of conservancy areas may be outlined on the plat of subdivision and, if so, that language should be used as a minimum with additional protections provided by the governmental entity. These protections would outline the prohibition of any adverse impact and may include language such as “it is prohibited that any structures (permanent or temporary) shall be placed in the conservancy areas and that the removal of trees, brush, plant materials, or coarse woody debris within these areas is prohibited unless prior approval is granted.” Additionally, requirements may be included for the conservation or preservation of the area (e.g., removal of invasive species), and when a conservation or preservation area is impacted, bonds for repair or mitigation are required from the impacting party. A list of restoration requirements may be placed in an urban forest management plan or other supplemental document including the penalties and fees components of the code.
Examples
1.10 SPECIAL RULES FOR CONSERVANCY OR PRESERVATION AREAS
If a Conservancy or Preservation Area is impacted in any way, the following restitution shall be charged to the offender:
[CRTI Gold Template]
Definition – Conservancy area – Any area designated by the Village, state agency, or by Village approved subdivision or restriction, to be kept in a particular natural state or for special environmental preservation or control.
13-1-9: Conservancy Areas
If a Conservancy Area is, or may be, affected by any development, as determined by the Village, the following shall apply:
[Lincolnshire, IL]
Include incentives to preserve trees in development.
Component definition: Some communities may desire to offer developers the opportunity to save money or time if they meet certain standards for low impact development. For example, they may qualify for higher density provisions in their permit if they abide by conservation design standards. Your governmental entity may offer tree credits, which assigns points for protected trees and provides for reduced costs to developers for other fees, reducing the amount of mitigation required for removed trees or expedited permit processing.
Importance: Tree credit systems are a way to encourage protection of trees rather than requiring developers to replace trees. As discussed in other components, large mature trees provide more benefits, making protection more beneficial to a governmental entity than replacement.
Same as Recommended.
The governmental entity assigns points for each protected tree that is preserved on a site and subtracts points for each protected tree that is removed. Negative credit totals require mitigation through replacement or fee payment.
Examples
Tree Preservation Credit. A credit of $150 per caliper inch will be applied towards a project’s tree mitigation fee for every healthy (fair to good) native tree preserved on site. Preservation credit shall be for the preservation of native Illinois trees only, or as determined by the Development Services Department. A Tree Preservation Credit shall never exceed the tree mitigation fee amount. Adherence to a Village approved Tree Preservation Plan shall be required for projects awarded tree preservation credit. A line item in the amount of the tree preservation credit will be applied to a project’s letter of credit, which will be reduced to zero after written verification from a Certified Arborist that the preserved tree(s) are still in good to fair condition at least one year after issuance of a project’s certificate of occupancy. Preservation credit shall not be applied towards any other fee other than tree mitigation fees.
[Orland Park, IL]
The governmental entity assigns points for each protected tree that is preserved on a site and subtracts points for each protected tree that is removed. Negative credit totals require mitigation through replacement or fee payment. Additionally, tree credits are proactively granted for the planting of trees that can be used against future removals.
Examples:13-1-14: Tree Planting Credit
[Lincolnshire, IL]
Establish rules to protect exceptional trees.
Component definition: Special, enhanced protection given to trees that meet specific requirements.
Importance: Programs like this help to fulfill important cultural, place specific, and often intangible importance and characteristics of heritage trees vis a vis community pride, identification, history, or other important community characteristics.
Notes: This component is highly tied to Applicability and Scope. A number of classifications may be used, including but not limited to…
The ordinance establishes a nomination program that allows property owners to submit trees on their property to be designated as legacy trees. Participation in the program is voluntary. Preserving and protecting legacy trees is encouraged, but not required.
Examples
Nomination of each tree to be considered for legacy tree designation may be made by any resident of the City of Urbana, including an individual member of the Urbana Tree Commission. Any tree located on a property owner’s property may be nominated. The nominator shall submit a completed nomination form to the city arborist. In the case of any property owner who is receiving or who has applied to receive financial or other assistance from the city in connection with the redevelopment of the property or demolition of any structure located on such property shall be deemed, by reason of such receipt or application, to authorize the city arborist to inspect the trees located on such property in order to determine whether any tree located thereon qualifies for legacy tree status.
The property owner of the property for which redevelopment or demolition assistance is being received or for which such assistance has been sought shall be encouraged to cooperate with the city’s efforts to preserve and protect those trees located on the said property which would otherwise qualify for legacy tree status. On receiving a nomination, the city arborist shall contact, in writing, the property owner on which the nominated tree is located to inform the said property owner of the nomination and request the property owner’s consent to evaluate and potentially designate the property owner’s tree as a legacy tree. If the nominated tree is on property owned by the City of Urbana, the city arborist shall inform the director of public works of the nomination and request consent from the said director to evaluate and potentially designate the tree as a legacy tree. If the nominated tree is on property owned by the Urbana Park District, the city arborist shall inform the Urbana Park District’s director of the nomination and request consent from the said director to evaluate and potentially designate the tree as a legacy tree. If the city arborist identifies a tree on property for which the owner has received or applied for redevelopment or demolition financial or other assistance from the city, the city arborist shall notify the said property owner that one (1) or more trees on the said owner’s property may qualify for designation as a legacy tree.
Such property owners will be encouraged to include the preservation of legacy tree candidates in their development plans. Any consent to participate in the Legacy Tree Program by a property owner shall be in writing and signed by the said property owner. If there is more than one (1) property owner on which the nominated tree is located, the written and signed consent of a majority of all property owners shall be required. In the event that a person purchases property on which one (1) or more trees have been accorded legacy tree status, such status shall continue unless the new property owner requests to de-list the one (1) or more trees as legacy trees as provided in section 25-72 or section 25-73 of this article. Participation in the program is voluntary.
Prior to the execution of any written request for consent, the city arborist shall provide a written notice in the form of a brochure or other writing to the property owner on which the nominated tree is located which explains:
(1) The benefits available to the property owner should such nominated tree be designated as a legacy tree;
(2) The process for the voluntary “designation” and “de-listing” of a legacy tree (as hereinafter set forth);
(3) Any recommended best practices to ensure long-term health of designated legacy trees;
(4) Any detriments which might occur from following voluntary tree care best practices; and
(5) Any detriments which might reasonably be expected to arise in connection with a tree being designated as a legacy tree.
In the event, after the provision of the aforesaid written notice, the property owner elects not to sign the consent form, the legacy tree nomination process shall cease and no further action regarding that tree shall be undertaken during the next twelve (12) consecutive months.
[Urbana, IL]
Any tree meeting a minimum qualification (e.g., size) is considered a legacy or heritage tree and is afforded additional or enhanced protection. In some communities, a heritage tree classification based on size is the determining factor for whether a private property tree is granted a permit for removal.
Examples
Definition – Heritage Tree means any healthy tree that is twenty-four inches (24″) in diameter, or greater, measured 4′ from the ground, from any lot, developed or undeveloped.
[Orland Park, IL]
Definition – Heritage Tree. Large mature trees requiring special consideration including all trees in the Genus Quercus (oak), Carya (hickory), or Juglans (walnut) species which have a DBH of twenty inches (20”) or greater.
13-1-4: E. Equivalent Value: Differing species and sizes of trees shall have a valuation based upon the Appendix “A” tree replacement fee.
13-1-6 D. Tree removal related to development. Property development and improvements shall be designed in a manner which maintains existing significant trees wherever possible. The Village shall encourage roads, utilities, driveways, principle structures, and detached amenities to be placed as to reduce impact to viable mature trees. Development-related tree removals may be permitted only in compliance with the following conditions:
[Lincolnshire, IL]
All trees within the community on public or private property that meet specific criteria are protected through the code and provided additional or enhanced protection, including increased fines and penalties for their removal or adverse impact.
Set tree diversity goals and preferred species.
Component definition: Codifies any requirements for vegetation to meet diversity goals set by the governmental entity. Often, these are associated with an approved planting list and an urban forest master or management plan. Your community may also require that tree replacements performed by a permit applicant must meet a certain species diversity threshold to ensure that developers are planting more than one kind of tree.
Importance: Species diversity is extremely important when managing an urban forest. Diversity reduces the potential for catastrophic loss from the death of a single species. While rules of thumb for diversity are often argued and generally imperfect, attempting to attain greater diversity is a key to creating resilient urban forest systems that are capable of overcoming pest and disease outbreaks without major canopy loss. Exceptions to diversity goals may be made in parks, conservancy, or nature preservation areas with specific nature conservation objectives such as oak ecosystem restoration.
Notes: Consideration might be given for cost and availability when suggesting diverse species. Long-term planting contracts can enhance the availability of a diverse choice of species. This component goes above and beyond the Species List component because it requires a certain level of species diversity, whereas a Species List alone may not.
Consideration should be given to the composition of the forest and an attempt made to expand diversity as much as possible. When planting, a rule of thumb to aspire to is not more than 5% of any one species, 10% of any one genus, and 15% of any one family. This suggestion may not apply to parks, conservancy, or nature preservation areas with conservation or restoration objectives, in which planting a specific suite of species is the priority.
When selecting species for new plantings and replacement plantings, a governmental entity should strive to achieve plantings of not more than 5% of any one species, 10% of any one genus, and 15% of any one family. It is understood that it will take decades to expand species diversity throughout the community, but with a concerted effort and care in selecting broader species diversity in the community, the result will be a more resilient forest that is less likely to experience catastrophic loss. This suggestion may not apply to parks, conservancy, or nature preservation areas with conservation or restoration objectives, in which planting a specific suite of species is the priority.
When selecting species for new plantings and replacement plantings, a governmental entity should strive to achieve tree populations of not more than 5% of any one species, 10% of any one genus, and 15% of any one family. It is understood that it will take decades to expand species diversity throughout the community, but with a concerted effort and care in selecting broader species diversity in the community, the result will be a more resilient forest that is less likely to experience catastrophic loss. In addition to species diversity, the forest should be managed for age diversity. Use of a tree inventory will advise which trees need age stratification within a particular species and within a particular area so that a healthy forest continues. Other topics may be considered such as tree allergens, pollen-control ordinances that look to limit the most problematic clonal male trees and build female tree populations to reduce pollen issues; and long-term climate change goals. These guidelines may not apply to parks, conservancy, or nature preservation areas with conservation or restoration objectives, in which a specific suite of species is the priority.
Set a standard for canopy cover on a development site.
Component definition: Requires a certain percentage of canopy cover be maintained on the development site to be provided by protected trees so that existing trees are maintained to the greatest extent possible. The canopy cover percentage for each development may be different for each development site depending on the zoning of the parcel (See Applicability and Scope).
Importance: Rather than incorporating requirements on a per-stem basis, requiring a certain canopy coverage of healthy existing trees on a parcel can help your community meet its canopy coverage goals.
Same as Recommended.
The ordinance requires a percentage of canopy coverage for certain zoning districts and requires replacement trees where there is net canopy loss.
Examples
[Decatur, GA]
Tree Canopy Coverage. Tree canopy coverage requirements must be met through tree plantings located within perimeter yards (Section 11.05.B (Parking Lot Perimeter Landscape)) and interior landscape islands (Section 11.05.C (Parking Lot Interior Landscape Islands)) such that shade canopy is provided for a minimum of 40 percent of the parking area hardscape, including all parking spaces, travel lanes, and other impervious areas not exempted by this Section. Refer to Figure 11.05.1 Tree Canopy Coverage.
[Montgomery, IL]
Same as Recommended.
Ensure that trees are clearly valued in the development of your community.
Component definition: A comprehensive plan is a formally adopted plan that describes the physical and economic development of the entire community. A comprehensive plan is nonbinding and sets forth land use goals, plans, and visions. This plan can be used as a basis for decision-making and as justification and support of decision-making going forward where the decision conforms to the plan. This plan may include but is not limited to plans and programs regarding the location, character, and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial, or industrial land uses, parks, drainage facilities, etc. This plan may work alongside an Urban Forest Management Plan, if applicable.
Importance: Including intentional goals about protecting your community’s urban forest will help justify budgeting appropriately for forestry programs and protecting trees in your community. There are many stakeholders involved in development, so setting clear community goals early on with a lot of input will reduce conflicts down the line.
Same as Recommended.
Outside of the ordinance, it is recommended that the goals of improving your community’s canopy and protecting existing trees be embedded into a comprehensive plan. Your community may decide to set specific goals such as a certain percentage of canopy coverage for your community. In the ordinance, this plan is referenced in tree preservation regulations as a guiding force to accept or reject certain permits for tree removals. If trees are included in a comprehensive plan, it can help justify the ordinance, especially if the ordinance is ever challenged.
Examples
Trees in particular make a significant contribution to both air quality and neighborhood quality of life. In Chapter 13 as well as Chapter 8: Parks & Recreation Areas, the ongoing public and private commitment to Evanston’s extensive tree population is recognized as essential for the future. The continued aggressive implementation of street tree programs is a vital measure for maintaining the quality of Evanston neighborhoods.
[Evanston, IL Comprehensive Plan]
The Village of Bannockburn has been recognized as a Tree City USA member by the National Arbor Day Foundation for over twenty years and plans to continue its tree planting ways (See Photo 4). The trees in the Village provide many social and economic benefits, often overlooked. According to the USDA Forest Service2 , some benefits of our trees include helping cool temperatures in the summer, improve real estate values, reduce stormwater runoff, improve air quality, attract wildlife to the area, attract shoppers to commercial areas, and contribute to a sense of community pride. These social and economic benefits are the reasons the Village of Bannockburn is a desirable place to live and why it has been committed to the care and maintenance of its trees.
[Bannockburn, IL Comprehensive Plan]
Same as Recommended.
Ensure protection of trees through cash bonds.
Component definition: A developer may be required to provide the governmental entity with a deposit to ensure work is completed in compliance with a tree protection ordinance. Cash bonds can be made to ensure newly planted trees survive their establishment period and trees that were meant to be protected were not harmed during construction. If such work is completed satisfactorily, the bond is returned; if not completed, the bond is forfeited to the governmental entity. These bonds may be held in a Tree Bank so that funds can be used for tree planting and related activities.
Importance: A cash bond acts as an insurance that trees will be protected, planted, and maintained as specified. It puts pressure on developers to comply with the ordinance. A final inspection should always follow a bond process before money is released to ensure compliance.
Notes: Cash bonds can be held in a special account (i.e. Tree Bank) established for this purpose.
Cash bonds are collected from the developer after trees have been impacted or at permit issuance. Bond amounts are equivalent to the cost of the mitigation that must be completed (e.g., cost of replanting per the replacement requirement). If the mitigation is successful, the bond is released. If required mitigation is not undertaken or is unsuccessful, the governmental entity uses the retained bond to complete the mitigation or plant new trees on public property.
Examples
Cash deposits, when required by this Code, shall be provided to the Village prior to issuance of any tree removal. Deposit will be held in a Village account and accounted for until such time as it is eligible for return or forfeiture.
[Lincolnshire, IL, 13-1-7]
A. If tree replacement is required by this Section, then as a condition of the Tree Permit, the Applicant shall submit a cash bond as identified in the Fee Section of this Code. The bond shall be held for the purpose of assuring that the replacement tree(s) are purchased and planted.
[La Grange Park, IL]
Cash bonds are collected for tree protection, tree removal, and replanting. Bonds are equivalent to the value of the tree(s) removed and the value of the mitigation that must be completed (e.g., cost of replanting per the replacement requirement). Bonds may be required for a tree to be protected during construction activities for the establishment period (established as a set number of years) to ensure they are unharmed by the process. In addition to bonds ensuring that required mitigation is completed, some communities require bonds for damaged trees. If the damaged tree dies within a certain time period, the bond is retained by the governmental entity. If the tree recovers and survives the damage, the bond may be released.
Examples
13-1-7: CASH DEPOSITS
Cash deposits, when required by this Code, shall be provided to the Village prior to issuance of any tree removal. Deposit will be held in a Village account and accounted for until such time as it is eligible for return or forfeiture.
[Lincolnshire, IL]
A cash bond or letter of credit in the amount of two hundred dollars ($200.00) per inch of dbh of each replacement tree which cash bond or letter of credit shall be refunded to the applicant twenty four (24) months after each replacement tree is planted if the Village Forester certifies that such replacement tree is healthy and that there are no uncured violations of the provisions of this article as to the property.
In addition, the applicant shall guarantee the protection of all existing tree(s) within the tree preservation area not approved for removal by depositing a cash bond of two thousand dollars ($2,000.00). The cash bond shall be retained for a reasonable period of time following the completion of the building project, not to exceed one year. The cash bond is to be released upon the satisfaction of the Village Forester that the tree(s) to be preserved have not been endangered. The cash bond shall be forfeited as a penalty for any unauthorized removal or destruction of any protected tree.
[North Barrington, IL
Cash bonds are collected for tree protection, tree removal, and replanting. Bonds are equivalent to the value of the tree(s) removed and the value of the mitigation that must be completed (e.g., cost of replanting per the replacement requirement). Cash bonds associated with replacement trees cannot be released until after final inspection by an arborist after the establishment period of the trees (at least three years). Bonds may be required for a tree to be protected during construction activities for a number of years to ensure they are unharmed by the process. In addition to bonds ensuring that required mitigation is completed, some communities require bonds for damaged trees. If the damaged tree dies within a certain time period, the bond is retained by the governmental entity. If the tree recovers and survives the damage, the bond may be released. It can take up to 60 months (5 years) for trees damaged during construction to show signs of decline.
Examples
B. If it is determined that practices which violate any portion of the governmental entity Code have resulted in tree damage, then the governmental entity may require that a cash bond, as determined in accordance with the Fee Section of this Code, shall be submitted at the time the violation occurs. The bond shall be held for the purpose of assuring that all remedial actions to minimize tree damage are taken, and/or for the purpose of assuring tree replacement should any damaged tree die or show noticeable signs of decline as determined by a certified arborist. If it is determined that residual damage may not be apparent, then the bond may be held for a period of 60* months or five years. At the end of which time, if the tree survives and is in good health, as determined by a certified arborist the bond shall be returned. If the tree does not survive, and was not further impacted by an act of God, or is in poor health then replacement shall be required as identified above and according to the Fee Section of the Code.
[La Grange Park, IL]
Grants power to perform an inspection for risk and compliance.
Component definition: Empowers the identified authority with the right to perform an inspection at the end of work to ensure all regulations and specifications were followed so that cash bonds can be released. The right to inspect is also included as an entry-level component, and final inspection builds upon this to address the inspection needed to release cash bonds to the applicant.
Importance: This component is critical to ensure that contracts are honored, compliance is met, and remediation or restitution are completed. The requirement of a final inspection enables the governmental entity to control the outcomes. This is especially important if bonds are required for any reason.
Notes: This component is closely tied with permitting and cash bonds.
Same as Recommended.
Inspection is required for any collected bonds to be released. Completed work must be approved prior to the payment for services or release of any bonds.
Examples
Final approval shall be issued when all relocation, replacement or remediation of trees is completed and a final inspection has been conducted by the village. Should the village determine that the season is inappropriate for planting, then relocation or replacement shall be deferred until the next planting season. All bonds and fees will remain in the custody of the village until final inspection and approval has been provided in writing.
[La Grange Park, IL]
Tree and soil assessments are included in the final inspection needed for the cash bonds to be returned to the applicant. Site conditions should at minimum show improvement from disturbance and be quantified by a certified arborist, environmental scientists, or other environmental consultant.
Examples
Site development permits.
[Libertyville, IL]
1.19 FINAL INSPECTION
Final approval shall be issued when all relocation, replacement or remediation of trees is completed and a final inspection has been conducted by the Governmental Entity. Should the Governmental Entity determine that the season is inappropriate for planting then relocation or replacement shall be deferred until the next planting season. All bonds and fees will remain in the custody of the Governmental Entity until final inspection and approval has been provided in writing.
[CRTI Gold Template]
Create easy to read resources so that your ordinance can be implemented effectively.
Component Definition: Educational materials and standards for stakeholders that must follow the ordinance. This may include compliance checklists in plain language, signage for tree protection zones, manuals, or other materials to educate developers on what is required of them.
Importance: It is important that the ordinance has a high level of transparency and clarity to avoid misconduct.
The ordinance provides for easy-to-read materials for successful permit applications such as a manual, a checklist, or application template.
Examples:
The City of Geneva provides a comprehensive Tree Preservation Application located here.
The Village of Wilmette Provides a summary of key components of the Tree Preservation Policy in plain language located here.
The ordinance provides for easy-to-read materials for successful permit applications such as a manual, a checklist, or application template. It includes requirements for the governmental entity to educate the private landowners and stakeholders about updates to the code.
Example:
Within one year of adoption of this Section, the City Arborist shall hold two (2) public information meetings to disseminate information regarding compliance with this Section for tree care companies, property owners and managers, and residents. Thereafter, an annual public information meeting shall be held, providing the public with information on best compliance practices and recent developments under this Section.
[Decatur, Georgia]
The ordinance provides for easy-to-read materials for successful permit applications such as a manual, a checklist, or application template. It includes requirements for the governmental entity to educate the private landowners and stakeholders about updates to the code. The ordinance includes extra requirements that help educate other personnel involved in the project. In the examples below, one community requires that signage be placed in the tree protection zones. The other community requires that the developer designate one person as the landscape protection supervisor, who must take a class on the landscape protection guidelines provided by the governmental entity. This person must be on-site at all times.
Examples:
Signs posted in the tree protection zones:
Signs shall be installed on the protective fence visible on all sides of the fenced-in area (minimum one on each side and/or every 300 linear feet). The size of each sign must be a minimum of one foot by 1.5 feet and shall contain the following bilingual text in both English and Spanish: “TREE PROTECTION ZONE: KEEP OUT.”
[Greenville, SC]
On-site supervision. For all development other than that related to single-family and two-family dwellings on individual zoning lots, the following on-site supervision is required:
i. The applicant shall designate as landscape protection supervisors one or more persons who have completed instruction in landscape protection procedures with the town.
ii. It shall be the duty of the landscape protection supervisor to ensure the protection of new or existing landscape elements, as defined in the landscape protection plan. The approved landscape protection supervisor shall supervise all site work to assure that development activity conforms to provisions of the approved landscape protection plan. At least one (1) identified landscape protection supervisor shall be present on the development site at all times when activity that could damage or disturb soil and adjacent landscape elements occurs such as:
[Chapel Hill, NC]
Encourage environmentally sustainable landscape design.
Component definition: Conservation design is a genre of design that favors environmentally sustainable practices and integrates features of the natural landscape to minimize negative impacts. In general, the ordinance may require that developments leave as much area undisturbed as possible or bring nature back into disturbed sites. Your community may come up with its own requirements for new development plans to encourage or require conservation design. Requirements could change based on local zoning laws or land use type (See Applicability and Scope). For conservation design ideas specific to subdivision ordinances, you can view this Model Sustainable Development Ordinances for Subdivisions from CMAP.
Importance: Such developments are intended to provide habitats for both people and wildlife. Leaving more land in forests and other habitats provides for cleaner air, absorbs rainfall, and cools temperatures. Furthermore, property values are improved dramatically and residents have many more options for recreation, such as birding, hiking, fishing, and mountain biking. These types of developments also sell faster, and their properties tend to improve their value over time.
Same as Recommended.
Conservation design is required in the ordinance.
Examples
16.76.090 CONSERVATION DESIGN REQUIREMENTS.
In addition to the other requirements of this chapter, subdivisions that trigger and subdivisions that voluntarily choose conservation design shall comply with the following standards.
[McHenry County, IL]
Same as Recommended.
Purchase the development rights from landowners.
Component definition: Your governmental entity may choose to sponsor its own easement programs to buy development rights for places that the community wants to conserve. The community may want to preserve a site because its distance from existing infrastructure or schools makes it difficult to support, or due to its unique natural heritage such as a remnant oak woodland, or location within a sensitive area, such as a floodplain or wetland. In these cases, the government authority can offer to purchase the development rights and place an easement on the property to remove development rights. The landowner is still in control of the property but will no longer be able to realize the prior development allowances. A map of current public and private conservation easements in Illinois can be found here.
Importance: Government-sponsored conservation easements are an important strategy to conserving undeveloped land for future generations.
Same as Recommended.
The ordinance allows for the purchase of development rights and establishes a conservation easement program.
Examples
Any property owner who desires to voluntarily protect a tree or stands of trees on their property may contact the village for assistance with the preparation of a conservation easement, in accordance with the terms of this chapter.
[Libertyville, IL]
Same as Recommended.