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 upper echelon of tree protection ordinances in the region.

Same as Recommended.

State the intent of the ordinance and the scope (land uses it applies to, types of trees, etc.).

Examples

This Section [/Chapter/Article] of the Code [intends] to preserve, protect and enhance critical infrastructure – the portion of the urban forest that is located on public land. The complete urban forest is comprised of trees across all land uses and ownership on public and private land. This Section [/Chapter/Article] will regulate public property trees but recognizes that trees on private property are part of the collective community resource. The purpose of this Section [/Chapter/Article] is to recognize the services and function that trees provide as a collective asset to the entire community and to state the goals of the Governmental Entity with respect to the protection, preservation, care and planting of trees on public lands.

[CRTI Silver Ordinance Template]

Purpose: To enhance the quality of life and the present and future health, safety, and welfare of all citizens, to [protect and] enhance property values, and to ensure proper planting and care of trees on public property, the City Council herein delegates the authority and responsibility for managing public trees, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions.

[Tree City USA sample Ordinance]

Sec. 25-16. – Purpose and intent.

1. Purpose. It is the purpose of this article to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the city.
2. Intent. It is the intent of the city council that the terms of this article shall be construed so as to promote:
   1. The planting, maintenance, restoration and survival of desirable trees, shrubs and other plants within the city; and
   2. The protection of community residents from personal injury and property damage, and the protection of the city from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants located within the community.

[Urbana, IL]

1: PURPOSE AND INTENT:

1. Purpose: It is the purpose of this article to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees and shrubs within the Village.
2. Intent: It is the intent of the Village Board that the terms of this article shall be construed so as to promote:
   1. The planting, maintenance, restoration and survival of desirable trees and shrubs within the Village; and
   2. The protection of community residents from personal injury and property damage, and the protection of the Village from property damage, caused or threatened by the improper planting, maintenance or removal of trees and shrubs located within the community.

(1981 Code)

[Oak Park, IL]

13-1-1: Purpose; Findings:

The purpose of this Chapter is to preserve, protect, replace and properly maintain trees within the Village and protect the public from trees which pose a threat or danger because

1. Trees are an important public resource.
2. Trees preserve and enhance the Village’s physical and aesthetic environment, especially its natural and unique atmosphere;
3. Trees enhance the air quality by absorbing carbon dioxide, filter out air pollutants and providing oxygen;
4. Trees reduce topsoil erosion by the holding effect of their roots;
5. Trees reduce storm water runoff and replenish ground water supplies;
6. Trees provide a buffer and screen against noise pollution;
7. Trees reduce energy consumption by acting as a wind break and producing shade;
8. Trees preserve and enhance nesting areas for birds and other wildlife which, in turn, assist in the control of insects;
9. Trees protect and enhance property values;
10. Trees protect and enhance the quality of life and the general welfare of the Village.

[Lincolnshire, IL]

9.702: STATEMENT OF PURPOSE:

The primary objective of the village government is to provide the citizens of Mount Prospect a safe, prosperous, and healthy community in which to live and work. To consistently meet this objective requires the coordinated efforts of many individuals and municipal departments including those responsible for maintaining the infrastructure of the village. Components of this infrastructure include streets, sidewalks, sewers, buildings and trees. Healthy trees are unique in that they appreciate in value as they mature, unlike other components of the infrastructure that continually depreciate over time.

Trees provide a wide range of benefits to the village. Healthy trees reduce air and noise pollution, slow stormwater runoff, contribute to energy conservation through shade and protection from the wind, and significantly increase property values. Trees need sufficient soil, water, and air to survive. Protecting existing natural resources and planning for the establishment and care of new trees will enhance the economic and environmental health of the village.

The purpose of this article is to promote and protect public health and safety by providing for the proper establishment of new trees, the protection and maintenance of existing trees and the timely removal of hazardous or undesirable trees. (Ord. 5253, 5-21-2002)

[Mount Prospect, IL]

Includes both public and private property.

Examples

While allowing for reasonable improvement of land within the City, it is the stated public policy of the City to add to the Tree population within the City, where possible, and to maintain, to the greatest extent possible, existing Trees within the City. The planting of additional Trees and the preservation of existing Trees in the City is intended to accomplish, where possible, the following objectives:

1. To preserve Trees as an important public resource enhancing the quality of life and the general welfare of the City and enhancing its unique character and physical, historical, and esthetic environment;
2. To preserve the canopy and essential ecological character of those areas throughout the community that are heavily wooded;
3. To enhance and preserve the air quality of the City through the filtering effect of Trees on air pollutants and replenishing the atmosphere with oxygen;
4. To reduce noise within the City through the baffle and barrier effect of Trees on the spread of noise;
5. To reduce topsoil erosion through the soil retention effect of Tree roots;
6. To reduce energy consumption through the wind, break and shade effects of Trees when they are properly placed on a Lot;
7. To provide habitat and food for birds and other wildlife, including the preservation and enhancement of nesting areas for birds and other wildlife, which in turn assist in the control of insects;
8. To reduce storm water runoff and topsoil erosion and the costs associated therewith and replenish ground water supplies;
9. To protect and increase values; and
10. To enhance economic stability by attracting businesses and visitors.

[Highland Park, IL]

15-18-1 – POLICY

It has been determined that trees provide the following enhancements to the public health, safety and welfare:

• Enhance the scenic beauty of the City and its natural and unique environment.
• Enhance air quality by reducing and filtering air pollutants.
• Reduce topsoil erosion.
• Reduce stormwater runoff and replenish ground water supplies.
• Provide a buffer and screen against noise pollution.
• Reduce energy consumption by acting as a wind barrier and providing shade.
• Preserve and enhance nesting areas for birds and other forms of wildlife which assist in insect control.
• Protect and enhance property values.
• Protect and enhance the quality of life and general welfare of the City and its residents.

Therefore, it is the policy of this Chapter to preserve, protect, replace and properly maintain trees on private property within the City while at the same time respecting the private property rights of Park Ridge landowners.

[Park Ridge, IL]

State that trees are Government Entity infrastructure.

Examples

Recognize that trees are an integral part of the infrastructure of the Governmental Entity and as such should be preserved, protected and cared for as other critical Governmental Entity infrastructure.

[CRTI Bronze Ordinance Template]

Explain ecosystem benefits trees provide, state that trees are Government Entity infrastructure.

Examples:

We recognize that trees:

1. Protect, preserve and enhance the quality of life and general welfare of the Governmental Entity and its property owners, and conserve and enhance the Governmental Entity’s natural, physical and aesthetic environment.
2. [Need to be preserved, protected, and] properly planted and maintained within the Governmental Entity so that trees can protect, enhance and preserve the quality of life for people within the Governmental Entity.
3. [Are] an integral part of the infrastructure of the Governmental Entity and as such are preserved, protected and cared for as other critical Governmental Entity infrastructure. Trees provide the following services and benefits:
   1. Trees absorb pollution from the air;
   2. Trees absorb and sequester carbon dioxide;
   3. Trees absorb and filter pollution from stormwater run-off;
   4. Trees produce oxygen;
   5. Trees reduce flooding;
   6. Trees stabilize soils and reduce erosion;
   7. Trees cool the surrounding area helping to reduce impacts due to heat islands;
   8. Trees reduce energy consumption by shielding structures from harsh winds and sun;
   9. Trees provide a buffer and screen against noise, light and pollution;
   10. Trees improve property values;
   11. Trees improve commercial district traffic and purchasing;
   12. Areas with trees have lower crime rates;
   13. Areas with trees have higher levels of community interaction;
   14. Trees provide important habitat for birds and other wildlife; and
   15. Trees protect and enhance our quality of life.
4. Trees provide collective Governmental Entity benefits not limited to property or community boundaries.
5. Recognize the historic significance of legacy trees and preserve and protect them within the Governmental Entity.

[CRTI Gold Ordinance Template]

State trees are infrastructure and a capital asset (a significant, highly valuable property) for the community, which shall be managed and preserved as such.

Same as Recommended.

Define any terms that may be unknown or confusing to the reader. See CRTI ordinance templates for examples.

Examples

ARBORIST An individual trained and experienced in the profession of forestry or other similarly degreed and/or licensed tree professional.
CONIFEROUS TREE A tree mostly needle-leaved or scale-leaved, typically evergreen and/or cone-bearing such as pines, spruces, and firs.
CALIPER INCH(ES) Units used to describe a tree’s diameter as measured by calipers or a diameter tape.
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.
DECIDUOUS TREE A deciduous tree is one that loses most or all of its leaves for part of the year. Deciduous trees are also considered to be broad-leaf or hardwood trees.
DEVELOPMENT Any proposed change in the use or character of land, including, but not limited to, the replacement of any structure or site improvements. When appropriate to the context, development may refer to any conduct which requires the receipt of a building, or site work permit.
DIAMETER BREAST HEIGHT(DBH) The diameter of the trunk of the tree measured in caliper inches at a point 4.5 feet above ground line. This point of measurement is used for established and mature trees and is referred to as DBH. All references to diameter size shall be to the DBH.
EVERGREEN TREE A tree that retains most of its leaves for most of the year.
HAZARD A declining tree which, as determined by the Village, would cause damage or injury to a target such as a structure or person.
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.
IMPACTED TREE A tree which has been negatively affected by proximity to development, vehicle or equipment traffic, material storage, excavation or other damages as determined by the Village.
INVASIVE Non-native species of tree, shrub or plant which reproduce rapidly and threaten to cause economic or environmental harm to native vegetation and/or human health.
MULTI-STEM TREE A single tree made up of three or more main stems originating below the height used for measuring DBH.
NATURAL AMENITY EXCEPTION A landscape and preservation plan intended as a substitute for the replacement requirements of this Chapter.
NUISANCE A tree, shrub or plant material which is dead, dying, diseased, or otherwise no longer viable and poses a threat to persons, property, or other viable trees. Also includes invasives and certain species of tree, shrub or plant harboring pests or species undesirable to native landscapes; e.g. Partially fallen tree, Acer negundo (box elder), Maclura pomifera (Osage orange).
OPEN SPACE AREA An open space on the same lot or parcel with a building, that, with the exception of trees and other vegetation, is to be unoccupied and unobstructed from the ground upward.
PARCEL A lot of record, zoning lot or any grouping of adjacent lots under single ownership, serving a principal structure or use.
REAR YARD Rear yard as used in this Chapter 1 shall have that meaning ascribed to it in the Lincolnshire Zoning Code. (Title 6)
SIGNIFICANT Trees which are desirable for the landscape, including Appendix “A”, non- Appendix “A”, and native species which are greater than 10” DBH, viable and in good form.
SITE That parcel of land for which a permit for landscaping or tree removal is sought.
TRANSPLANTING The removal of any tree for replanting elsewhere.
TREE Any self-supporting woody plant, together with its root system, growing upon the earth usually with one trunk, or a multi-stemmed trunk system, supporting a definitely formed crown. For regulatory purposes of this Chapter 1, the plant commonly referred to as “buckthorn” shall not be considered as a tree.
TREE BANK An account containing defaulted funds as a result of the inability to meet tree accountability requirements. These funds are to be utilized by the Village for planting and re-planting of trees and hazardous or nuisance tree removals throughout the community.
TREE REMOVAL The cutting down, destruction, removal or relocation of any tree.
TREE SURVEY A document which identifies, by common name and/or scientific name, certain species of trees of a specified DBH within a particular site. The survey shall list, as required by the Village, all existing and proposed trees and shall specifically state whether each tree is proposed to be destroyed, relocated, replaced, preserved at its present location, or introduced into the development from an off-site source. The Village may provide that the tree survey excludes those portions of the site which it determines will not be affected by the development activity. Any tree survey required by this Chapter 1 must be dated within thirty-six months of the tree removal permit application.
UNATTACHED AMENITY Any swimming pool, gazebo, garage, patio, play apparatus, basketball court, tennis court, tent or similar structure or installation which is not attached to the principal building on the lot.
VIABLE A tree, which in the judgment of the Village is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.

[Lincolnshire, IL]

ARBORICULTURAL STANDARDS MANUAL: A document of specifications and guidelines relative to tree planting, maintenance and removal based on accepted arboricultural and safety standards. All references within this article to the village Arboricultural Standards Manual shall pertain to the most current version of this document on file in the offices of the department of public works.
ASH TREE: Any tree of the genus “Fraxinus”, including any portions thereof, the logs and stumps thereof, and any wood piles consisting of portions of any such tree.
BOUNDARY TREE: A tree that has any portion of its trunk column located on a property line between private property and public property or right of way.
CALIPER: The diameter of a tree measured at six inches (6″) above ground level. Caliper measurements are typically used to report the diameter of trees that are less than three inches (3″) in diameter at 4.5 feet above ground level (see definition of Diameter at Breast Height (DBH)).
CRITICAL ROOT ZONE: The entire ground area within the vertical projection of the crown of a tree; this area is also commonly referred to as the area within the drip line of a tree.
DIAMETER AT BREAST HEIGHT (DBH): The diameter of a tree measured at 4.5 feet above ground level. If the lowest branches of the tree are below 4.5 feet above ground level, diameter is typically measured at the narrowest point between ground level and the lowest branch. For trees less than three inches (3″) in diameter at 4.5 feet above ground level, caliper measurement is typically used to report the diameter of the tree.
DIRECTOR OF PUBLIC WORKS: Refer to section 15.202 of this code.
DRIP LINE: The ground directly beneath the tips of a tree’s outermost branches.
DUTCH ELM DISEASE: A fungal disease of elm trees known scientifically as Ophiostoma ulmi or Ophiostoma novo-ulmi.
ELM BARK BEETLE: The European elm bark beetle known scientifically as Scolytus multistriatus, or the native elm bark beetle known scientifically as Hylurgopinus rufipes.
ELM TREE: Any tree of the genus “Ulmus” which includes any portions thereof, the logs and stumps thereof, and any wood piles consisting of portions of any such tree.
EMERALD ASH BORER: An insect known scientifically as Agrilus planipennis Fairmaire, in any form, adult or larva (the immature stage), commonly referred to as EAB.
FORESTRY/GROUNDS SUPERINTENDENT: The person appointed by the director of public works to serve as the primary authority on the establishment, care and removal of trees within the village, or any person authorized to act in the superintendent’s stead.
GYPSY MOTH: An insect known scientifically as Lymantria dispar.
HARDSCAPE: Any paving material such as concrete, asphalt or bricks used in the construction of streets, parking lots, sidewalks, driveways, or other impervious surfaces on public rights of way.
INFECTED (INFECTION): Affected by Dutch elm disease.
INFESTED (INFESTATION): Inhabited by insects or overrun in numbers or quantities large enough to be harmful.
OAK WILT: A disease of oak trees cause by the fungus Ceratocystis fagacearum.
PARKWAY: Refer to section 15.202 of this code.
PREMISES: Any lot or tract of land within the village not owned by the said village or dedicated for public use.
PRIVATE TREE: A tree that has its trunk column located entirely on private property, along with any boundary tree that becomes a private tree by agreement of the village and private property owner.
PUBLIC TREE: A tree that has its trunk column located entirely on public property, along with any boundary tree that becomes, or remains, a public tree pursuant to section 9.707 of this article.
ROOT COLLAR: The part of a tree or shrub, usually at or near ground level, where the roots and trunk column meet. The beginning of the root collar is usually identifiable as a marked swelling at the base of the trunk column. The root collar may also be referred to as the “root flare”
SHRUB: Any woody perennial plant that has the following characteristics when mature: usually has multiple stems, but may be single stemmed; does not have the potential to achieve a maximum height of greater than twenty feet (20′).
SIGHT TRIANGLE: Refer to section 9.201 of this chapter.
TOPPING: The severe cutting back of limbs to stubs within a tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
TREE: Any woody perennial plant that has the following characteristics when mature: usually has a single main stem, but may be multiple stemmed; has the potential to achieve a minimum height of ten feet (10′) at maturity.
TRUNK COLUMN: An imaginary column which includes, and is the same diameter as, the trunk of a tree at its widest point before the root collar begins.
VILLAGE: Refer to section 15.202 of this code. (Ord. 5253, 5-21-2002; amd. Ord. 5260,

6-18-2002; Ord. 5819, 10-19-2010)

[Mount Prospect]

15-18-2 – DEFINITIONS

Buffer zone: For the purposes of this ordinance, Buffer Zone shall be defined as an area of land extending out twelve feet from the exterior walls of the principal structure, measured perpendicular to the exterior wall at a height of 4.5 feet above the ground. The twelve-foot Buffer Zone shall be measured from the exterior walls only and not from unattached amenities, attached decks, patios or porches.
Building footprint: That precise portion of a lot or parcel where it is proposed that a structure will be placed.
Circumference: The measure of the distance around a circle. The circumference of a circle is computed by multiplying the diameter by pi (3.1412).
DBH: The diameter in inches of a tree trunk measured at a height of four and one-half (4.5) feet above ground. (DBH = Diameter Breast Height)
Diameter: The width of a circular or cylindrical object; a straight line passing through the center of a circle or sphere and meeting the circumference or surface at each end.
Drip line: An imaginary, perpendicular line that extends downward from the outermost tips of the tree branches to the ground.
Maintenance activity: Any activity including (but not limited to) the pruning, spraying, injecting, bracing, and nutrient supplementation of a tree with the intention of improving or maintaining tree health and/or structure.
Multi-stem tree: A tree having two or more stems attached to the same common root system.
Principal structure: A non-accessory building in which the principal use of the lot on which it is located is conducted.
Private property: Any property not owned by the City of Park Ridge.
Protected trees: (A) Any tree larger than ten inches DBH (31.5″ circumference) or multi-stemmed tree having a total diameter of 15 inches DBH (47.12” circumference); and (B) Any tree of any size that was required to be planted by City regulation, permit, ordinance or agreement.
Protected trees shall fall into one of two categories:
An “At Risk Protected Tree” is any Protected Tree that the City Forester, by applying accepted arboricultural standards, has determined that due to (1) loss of structural integrity resulting from internal defects or external factors; (2) aging; (3) disease; (4) damage; or (5) decay is either dead or would not be expected to be viable beyond three subsequent growing seasons.
A “Healthy Protected Tree” is any Protected Tree that has not been classified as an At Risk Protected Tree. When the term “Protected Tree” is used, it shall mean both Healthy Protected Trees and At Risk Protected Trees.
Removal: The cutting down or other Substantial Destruction of a tree.
Root zone: Portion of the tree located underground spreading out from the trunk in all directions, and at varying depths, generally confined to the drip line area. (Most root zones are found within 18 inches of the ground surface.)
Structure: Anything built, constructed, installed, erected or placed on, in or under the ground, or attached to something on, in or under the ground.
Substantial destruction: The pruning out of more than 35% of the live branches of a tree; or an activity that in the opinion of the City Forester, is likely to result in the death of a tree; or any activity that puts a tree in an “At Risk” category.
Topping: The cutting back of a tree to buds, stubs or lateral branches not large enough to assume the terminal role.
Tree bank replacement fund: That fund established by the City for the purpose of compliance with Section 15-18-6 of this Code.
Unattached amenity: Any swimming pool, gazebo, patio, play apparatus, basketball court, tennis court or similar structure or installation which is not attached to the principal building on the lot, and which is a permitted accessory structure on the parcel.

[Park Ridge, IL]

Same as Recommended.

Ordinance applies to public land (right-of-way, easements, public property) only.

Ordinance applies to public land and, in specific cases such as nuisance trees, private land.

Ordinance applies to public and private land; different land uses the ordinance applies to are defined or referenced in other sections of the code (e.g., residential vs commercial).

Examples

This Section of the Code is structured to preserve, protect and enhance critical infrastructure – our urban forest. This Section will regulate trees as a collective resource for the Governmental Entity on public and private property.

[CRTI Gold Ordinance Template]

The Village Manager shall have the authority and it shall be [their] duty to order the trimming, preservation, or removal of trees or plants upon private property when he shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places.

[Lombard, IL]

Same as Recommended.

Identifies the individual or group responsible for making decisions about trees. Indicates skill requirements for in-house and contracted urban forest managers.

Examples

The Governmental Entity shall have on staff at least two [employees who are cross-trained as] arborists. Any urban forestry work completed by a contractor within the [jurisdiction of the] Governmental Entity shall be under the direction of a certified arborist. These individuals are responsible for enforcement and compliance of the Urban Forest Management Plan.

[CRTI Silver Ordinance Template]

Delegation of authority and responsibility. The Director of the ___________ Department and/or [their] designee, hereinafter referred to as the “Director”, shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-ways, city parks, and other public property. This shall include the removal of trees that may threaten […] any municipal [utility], or any tree that is affected by fungus, insect, or other pest disease.

(b) Coordination among city departments. All city departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Ordinance as it relates to streets, alleys, rights-of-way, drainage, easements and other public properties not under direct jurisdiction of the Director.

(c) Interference. No person shall hinder, prevent, delay, or interfere with the Director or [their] agents while engaged in carrying out the execution or enforcement of this Ordinance.

[Tree City USA sample ordinance]

The arborist shall be appointed by the mayor with the advice and consent of the city council. (Ord. No. 7677-24, § V, 8-16-76)

Sec. 25-49. – Duties.

The arborist shall perform the following duties:

1. Administration. The city arborist shall administer this article and the provisions of the arboricultural specifications manual.
2. Review and amendment of arboricultural specifications manual. The arborist, with the advice and assistance of the tree commission, shall develop and periodically review and revise or amend, if necessary, of the arboricultural specifications manual, which manual shall contain regulations and standards for the planting, maintenance and removal of trees, shrubs and other plants upon city-owned property and which shall contain a reasonably detailed statement of a comprehensive, long-range program for optimizing the tree, shrub and other plant resources of the city. The arborist shall cause the arboricultural specifications manual, and all revisions and amendments to it, to be published and promulgated and shall cause three (3) copies of the manual, and all revisions and amendments to it, to be available for public inspection at the office of the city clerk. Notice that such information is available for public inspection shall be published in a newspaper of general circulation within the county at least one week day of each of four (4) consecutive weeks immediately following the initial availability of the arboricultural specifications manual, or revisions or amendments thereto. The arboricultural specifications manual, and any revisions and additions thereto shall become effective on the fifth day following the final publication in a newspaper of general circulation required under this subsection.
3. Make information available to public. The arborist shall take reasonable action to make available to any interested person all information pertaining to this article, to the activities of the tree commission, and to the arboricultural specifications manual prepared pursuant to this article.
4. Planting and maintenance. The arborist shall perform whatever acts are necessary, including the planting and maintenance of trees, and including the removal of undesirable trees, shrubs and other plants located on city-owned property, to ensure that all trees, shrubs and other plants located on city-owned property conform with the comprehensive, long-range program for the optimization of the tree, shrub and other plant resources of the city and with the regulations and standards of the arboricultural specifications manual, and with the requirements of this article. Pursuant to this duty, the arborist, in accordance with normal city procedures regarding contracts, may arrange contractual agreements with any property owner.
5. Issuance of permits. The arborist shall issue such permits as are required by this article and shall obtain as a condition precedent to the issuance of such permits the written agreement of each person who applies for such permits that he/she will comply with the requirements of this article and with the regulations and standards of the arboricultural specifications manual. The arborist shall have the right to inspect all work performed pursuant to such permits. If, pursuant to such inspection, the arborist finds that the work performed pursuant to the permit has not been performed in compliance with the requirements of this article or with the regulations or standards of the arboricultural specifications manual, the arborist shall provide written notice of his/her finding to the permit applicant at the address provided for such notification in the application, and the notice shall contain a copy of this subsection, and
   1. The permit shall be nullified and shall be void ab initio; and
   2. The arborist may issue a written order that the permit applicant cease and desist all work for which the permit was required; and
   3. The permit applicant shall be subject to penalty under the terms of this article; and
   4. The arborist may take steps to correct the results of the noncomplying work and the reasonable costs of such steps shall be charged to the permit applicant.
6. Establishment of program of public information and education. The arborist shall establish a program of public information and education that will encourage the planting, maintenance or removal of trees, shrubs and other plants on private property in furtherance of the general program for optimizing the tree, shrub and other plant resources of the city.

[Urbana, IL]

§ 99.02 – Authority of village manager.

1. The Village Manager shall have exclusive jurisdiction and supervision over all trees, shrubs, other plants, and grassy areas planted or growing in public places.
2. The Village Manager shall have the authority and it shall be [their] duty to order to plant, trim, spray, preserve, and remove trees, other plants, and grassy areas in public places to insure safety or preserve the symmetry and beauty of such public places.
3. The Village Manager shall have the authority and it shall be [their] duty to order the trimming, preservation, or removal of trees or plants upon private property when he shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places.
4. Control of Dutch Elm Disease and Emerald Ash Borer.
   1. Any elm tree infected with Dutch Elm Disease or any ash tree infested with the Emerald Ash Borer as determined by the Village of Lombard Forestry Division personnel is a public nuisance and shall be removed within 30 days following notification of such infection or infestation. It is unlawful for any person, being the owner of the property whereon such tree is situated, to possess or keep such a tree after the expiration of the 30-day period following notification of the infection on their property.
   2. Elm trees and ash trees or parts thereof in a dead or dying condition that serve as a breeding place for the Elm Bark Beetle (Hylurgopinus rufipes or Scolytus multistriatus) or the Emerald Ash Borer (Agrilus planipennis fairmaire) are a public nuisance and it is unlawful for the person owning such property whereon the same is situated to possess or keep same in such condition more than 30 days following notification of the condition on their property.
   3. The Village Manager or [their] designee to enforce this division may enter upon private property at all reasonable hours for the purpose of inspecting trees thereon, and may cause to be removed such specimens as are required for the purpose of analysis to determine whether or not the same is infected or infested, and to cause to be removed such diseased trees upon failure of the owner to do so after due notification.
   4. It is unlawful for any person, firm, or corporation to prevent the Village Manager or [their] designee entering on private property for purposes of carrying out [their] duties hereunder or to interfere with such Village Manager or [their] designee in the lawful performance of [their] duties.
   5. In accordance with 65 ILCS 5/11-20-12, in cases where the property owner fails to remove the elm tree or elmwood or ash tree as required by this chapter, the Village Manager or [their] agents may go upon such property to cut down and remove such nuisance, and the owner shall be assessed the cost of removal. In cases where the owner is a nonresident of Lombard, notice shall be served by certified mail, addressed to said owner at [their] last known address.
   6. In accordance with 65 ILCS 5/11-20-12, whenever such charges shall remain unpaid for a period of 30 days from the date of the bill herein provided for, the Village Attorney is authorized to:
   7. Institute suit in the name of the village to enforce collection of such charge; or
   8. To file a sworn statement showing such obligation in the office of the Recorder of Deeds of the County; and the filing of such statement shall be deemed notice of the lien for payment of such charges.
5. The Village Manager or [their] designee shall have the authority and it shall be [their] duty to supervise all work done under a permit issued in accordance with the terms of this chapter.
6. The Village Manager or [their] designee shall have the authority to affix reasonable conditions to the grant of a permit hereunder.

[Lombard, IL]

Creates the position of arborist or forester, and defines education and experience qualifications. Assigns duties in managing public vegetation, dealing with private nuisances, and enforcing provisions of the ordinance. Gives the arborist or forester the authority to supervise all work done by permit as described in the ordinance, and to affix reasonable conditions to the granting of permits. May also give the foresters the authority and responsibility to develop an urban forest management plan for the governmental entity.

Examples

§ 98.004 URBAN FORESTRY MANAGER; INTERFERENCE.

1. Establishment. The position of UF Manager is hereby established.

Duties. The UF Manager shall perform the following duties.

1. The UF Manager, with the assistance of the Forestry Board, shall develop and, each subsequent year, update the Urban Forestry Plan. The plan shall outline urban forestry program activities for a minimum of the next five years. This plan shall describe the urban forestry activities to be undertaken by the city, the reasons for those activities, the possible funding source(s), the means of accomplishing the activities, the alternatives available to the city to fund or accomplish the activity, the projected date of completion and the consequences if the activity is not completed. Activities may include, but are not limited to, street inventory, planting, tree removal, beautification projects and educational projects.
2. The UF Manager, with the direction of the Forestry Board, shall develop and periodically review and revise, as necessary, the Arboricultural Specifications Manual. This manual shall contain regulations and standards for the planting, maintenance, protection and removal of trees, shrubs and other plants upon city owned property.
3. The UF Manager shall cause the Urban Forestry Plan and the and all revisions and amendments to it, to be published in pamphlet form, promulgated and shall cause three copies of the plan and all revisions and amendments to it, to be available for public inspection at the office of the City Clerk. Notice that such information is available for public inspection shall be published in pamphlet form in the office of the City Clerk for three consecutive weeks immediately following the initial availability of the Arboricultural Specifications Manual or revisions or amendments thereto. The Arboricultural Specifications Manual, and any revisions and additions thereto, shall become effective on the tenth day following approval by the Forestry Board and the City Council after publication as provided herein.
4. The UF Manager shall make available to any interested person information about the activities of the Forestry Board, copies of the Arboricultural Specifications Manual and copies of the Urban Forestry Plan.
5. The UF Manager shall administer the provisions of this chapter, the Urban Forestry Plan and the provisions of the Arboricultural Specifications Manual.
6. The UF Manager shall perform those acts which are necessary, including the planting and maintenance of trees, shrubs and other plants located on city owned property, to implement the Urban Forestry Plan, the Arboricultural Specifications Manual and this chapter.
7. The UF Manager shall issue such permits as are required by this chapter and shall obtain as a condition precedent to the issuance of such permits the written agreement of each person who applies for such permits that he or she will comply with the requirements of this chapter, the Urban Forestry Plan and with the regulation and standards of the Arboricultural Specifications Manual. The UF Manager shall have the right to inspect all work performed pursuant to such permits. If the UF Manager finds that the work performed is not in compliance with the requirements of this chapter the Urban Forestry Plan or with the regulations or standards of the Arboricultural Specifications Manual, the UF Manager shall provide written notice of his or her finding to the permit applicant. The notice shall contain a copy of §§ 98.020 through 98.047 of this chapter and:
   1. The permit shall be nullified and shall be void;
   2. The UF Manager may issue a written order that the permit applicant cease and desist all work for which the permit was required;
   3. The permit applicant shall be subject to penalty under the terms of this chapter; and
   4. The UF Manager may take steps to correct the results of the non-complying work and the reasonable costs of such steps shall be charged to the permit applicant.
   5. The UF Manager shall establish a program of public information and education that will encourage the planting, maintenance or removal of trees, shrubs and other plants on private property in furtherance of the goals of the Urban Forestry Plan.
8. Interference with Urban Forestry Manager. No person shall unreasonably hinder, prevent, delay or interfere with the UF Manager or his or her agents while engaged in the execution or enforcement of this chapter.

[Blue Island, IL]

Gives legal authority to your identified tree manager to enforce the ordinance and generally prohibits interference with his or her duties under the ordinance.

Examples:

It shall be unlawful for any person to prevent the village manager or his or her representative from entering on private property for purposes of carrying out his or her duties under this article, or to interfere with the village manager or his or her representative in the lawful performance of his or her duties under the provisions of this article.

[Glencoe, IL]

25-2-3: ENFORCEMENT BY VILLAGE FORESTER:

The Village Forester is charged with enforcement of this Article, and to that end, may enter upon private property at all reasonable hours for purposes of inspecting trees thereon, and may remove such specimens as are required for purposes of analysis to determine whether or not the same are infected. It shall be unlawful for any person, firm or corporation to prevent the Village Forester or their representative from entering on private property for purposes of carrying out [their] duties hereunder, or to interfere with such Village Forester or [their] representative in the lawful performance of [their] duties.

[Oak Park, IL]

Interference with arborist.

No person shall unreasonably hinder, prevent, delay or interfere with the arborist or his/her agents while engaged in the execution or enforcement of this article.

[Urbana, IL]

Gives legal authority to your identified tree manager to enforce the ordinance and generally prohibits interference with his or her duties under the ordinance. Includes information about if and when the authority can access private land (e.g., for nuisance trees). Includes a statement prohibiting interference.

Examples: 

1.21 ENFORCEMENT

1. A. Enforcement Right of Entry of Governmental Entity Officers
   To carry out the purposes of this Section and to implement its enforcement, the Governmental Entity is authorized and empowered, upon 24 hours’ notice, to enter upon any lot or parcel of land in the Governmental Entity at all reasonable hours to inspect any tree or wood and to remove specimens from any such tree to determine their condition. It shall be unlawful for any person to interfere with a Governmental Entity Officer carrying out the duties authorized in this Section.
2. Duty of Property Owner to Abate Nuisance or Potential Risk
   If it is determined that there exists a public nuisance or risk as declared in this Section, the Governmental Entity shall serve or cause to be served upon the owner – of the lot or parcel of land on which such nuisance or risk is located, a written notice identifying the nuisance or risk and requiring the owner to comply with the provisions of this Section. If the person upon whom such notice is served fails, neglects or refuses to remove and dispose of the tree or dead wood within thirty days after service of such notice, the Governmental Entity may proceed to remove and dispose of such tree or dead wood and the costs shall be paid by the owner to the Governmental Entity.
3. Service of Notice to Property Owner
   Service of notice provided for in this Section shall be effected by personal service or by certified mail addressed to the occupant or to the person to whom, and at the address, to which the tax bill was sent for the general taxes for the last preceding year on the lot or parcel on which the nuisance is located.
4. Governmental Entity Abatement and Assessment of Costs
   Any costs incurred by the Governmental Entity in the abatement of a public nuisance or hazard as declared in this Section shall be assessed against the record owner of the land involved and the Governmental Entity shall place a lien upon such property for those costs in the manner provided by law.

[CRTI Silver Ordinance Template]

Same as Recommended.

Refers to an applicable standard for tree planting and care. Includes strict prohibition of tree topping. Nationally recognized standards such as those from the American National Standards Institute (ANSI), International Society of Arboriculture (ISA), National Association of Nurserymen and other nationally recognized organizations.

The following are examples for each, and do not constitute an exhaustive list:

• tree production (nursery source production standards) – American Standard for Nursery Stock, ANSI Z-60.1
• tree planting – ANSI A300
• tree care (Support structures, pest management, etc.) – ANSI A300
• tree pruning (including frequency) – ANSI A300
• safety – ANSI Z133

Referenced standards are listed in the ordinance.

May include species/genus/family diversity requirements (5-10-15, or 10-20-30 rules; see the advanced ordinance component “Species/genus diversity requirements”), native species goals etc. Includes strict prohibition of tree topping.

Standards are referenced in an ordinance.

All of the Basic and Recommended, plus tree risk assessment protocol and frequency (e.g., ISA Tree Risk Assessment Qualification (TRAQ)). Includes strict prohibition of tree topping.

Skill requirements or certifications for individuals or organizations managing or performing work on trees for the governmental entity such as having a certified arborist supervise the work; insurance requirements for contractors such as liability insurance, workers compensation, etc. or reference to another section of municipal code with these requirements.

Skill requirements or certifications for individuals or organizations managing or  performing work on trees for the governmental entity such as having a certified arborist supervise the work; governmental entities may require contractors to register with the governmental entity before they are allowed to work on public trees.

Skill requirements or certifications for individuals or organizations managing/performing work on trees for the governmental entity such as a certified arborist supervising the work and specialized or advanced certifications such as the ISA’s Municipal Specialist, Tree Worker Climber, Aerial Lift, Board Certified Master Arborist Specialists, Tree Risk Assessment Qualification, etc. or Tree Care Industry accreditation for specific actions.

Same as Recommended.

Prohibits the planting, maintenance and removal of public trees by anyone other than the tree manager or agent of the tree manager except by permit, and must list or refer to a fee or penalty schedule for permit issuance. This component should work in conjunction with replacement requirements (see “Relocation or Replacement” component), fees, and penalties (see “Penalties” component) for trees damaged or killed.

Examples

No person except the arborist, an agent of the arborist, or a contractor hired by the arborist may perform any of the following acts without first obtaining from the arborist a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:

1. Plant on city-owned property, or treat, prune, remove or otherwise disturb any tree, shrub or other plant located on city-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to or appurtenant to city-owned property from watering or fertilizing without a permit any tree, shrub or other plant located on such city-owned property;
2. Trim, prune or remove any tree or portions thereof if such tree or portions thereof reasonably may be expected to fall on city-owned property and thereby to cause damage to persons or property;
3. Place on city-owned property, either above or below ground level, a container for trees, shrubs or other plants;
4. Damage, cut, tap, carve or transplant any tree, shrub or other plant located on city-owned property;
5. Attach any rope, wire, nail, sign, poster or any other man-made object to any tree, shrub or other plant located on city-owned property.

[Urbana, IL]

Also see Northbrook’s tree permit for an example.

Prohibits the removal of public AND protected private trees (that meet specific qualifications such as size) by anyone other than the tree manager or agent of the tree manager except by permit, and must list or reference a fee or penalty schedule for permits. Private property trees given protections that require a permit for removal should be clearly defined by species, size, or other qualifiers.

Examples

15-18-3 – REMOVAL OF TREES ON PRIVATE PROPERTY PROHIBITED

Except as provided in this Chapter, it shall be unlawful for any person, including but not limited to the Property Owner, to remove a Protected Tree or cause the Substantial Destruction of a Tree.

15-18-4 – PRUNING

No Healthy Protected Tree may be pruned except in compliance with American National Standards Institute (ANSI) A300 Tree Care Performance Standards. No permit is required for pruning a private property tree. However, any party performing such pruning shall do so in full compliance with the aforesaid ANSI standards. If any Healthy Protected Tree is subjected to Substantial Destruction, the Party doing the pruning shall be deemed to be in violation […]

15-18-5 – PERMIT REQUIRED FOR REMOVAL OF PROTECTED TREES

No Protected Tree may be removed without first obtaining a tree removal permit from the City Forester pursuant to the provisions of this Chapter. 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.

15-18-6 – PROTECTED TREE REMOVAL

1. Removal of At Risk Protected Trees. Upon proper application, the City Forester shall inspect and issue a permit for the removal of any At Risk Protected Tree.
2. Removal of Healthy Protected Trees.
   1. Removal of Healthy Protected Trees due to New Construction of One Single Family Residence, An Addition to Such a Residence, or an Unattached Amenity Serving One Single Family Residence shall be subject to the following:
      1. A Healthy Protected Tree in any area falling within a Buffer Zone or footprint of a detached garage or new driveway may be removed but shall be replaced as set forth in Section 15-18-8. However, the City Forester, in consultation with the Department of Community Development and Preservation, may require the reduction in size, relocation or other modification of any attached deck, new driveway, patio, porch or detached garage that would require the removal of a Healthy Protected Tree.
      2. No Healthy Protected Tree may be removed for the placement of an Unattached Amenity or for expansion or relocation of a front or side yard driveway or sidewalk.
   2. Removal of Healthy Protected Trees for a non-residential development, a residential development that involves two or more principal structures or any multifamily development shall be subject to the following:
      1. No Healthy Protected Tree may be removed unless it is within a building footprint or the Buffer Zone.
      2. All Healthy Protected Trees that are removed shall be replaced according to Section 15-18-8.
      3. The City Council may approve exceptions to this Paragraph pursuant to approval of
   3. 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.
3. Other City Landscaping Requirements. To the extent that this Article imposes greater planting requirements than any other regulations of the City, this Article shall control.
4. Escrow.
   1. If tree replacement is required by this Chapter, then as a condition of the tree removal permit, the applicant shall place into escrow with the City an amount of money equal to tree replacement value, as determined by the City Forester. The money shall be returned once the new tree(s) is planted or deposited to the tree bank if no tree has been planted after a period of one year. The City Forester shall maintain a current schedule of the cost (including planting expenses) for replacement of trees.
   2. If it is determined that practices which violate any portion of the City Code have resulted in tree damage, then the City may require that an escrow payment, equal to the replacement value of the damaged tree(s) (See Section 15-18-08). The City Forester shall determine the period for which the cash escrow shall be held (not to exceed 36 months). That period shall be reasonably related to the amount of time that is necessary to determine the health of the damaged tree(s). The escrow shall be held for the purpose of assuring that all remedial actions required by the City to restore the health of the tree(s) are taken, and/or for the purpose of assuring the appropriate tree replacement should any damaged tree die or show noticeable signs of decline as determined by a certified arborist.

15-18-7 – TREE REMOVAL PERMIT APPLICATION PROCEDURE

1. Tree Removal Permit Application When a Building or Site Work Permit is Being Sought.
   When a building or site work permit is being sought, a tree removal permit application shall be submitted which includes three copies of a legible Tree Preservation Plan, drawn to scale of one inch equals 20 feet, and indicating the following information for the entire site:
   1. A tree survey indicating location, size, and species of all Protected Trees on site. All trees requiring a tree removal permit must be specifically labeled on the survey.
   2. All tree protection measures to be taken to minimize damage to trees. At a minimum, all fencing shall go to the dripline or to the excavation limits. Excavation limits falling within the dripline shall be subject to the approval of the City Forester.
   3. Location, shape and spatial arrangement of all existing and proposed buildings, walls, impervious surfaces, improvements and structures.
   4. Location, shape and spatial arrangement of all driveways, construction access roads, and construction material/debris storage areas.
   5. Existing and proposed utility services including gas, electric, telephone, cable TV, water and sewer.
   6. Existing and proposed elevations with contour lines at one-foot intervals.
   7. Setbacks, yard requirements, easements and conservancy areas.
2. Tree Removal Permit When No Building or Site Work Permit is being sought. The applicant seeking a Tree Removal Permit shall provide the City with a completed permit application that includes the following information:
   1. First and last name, address and telephone number of applicant.
   2. General location and size (DBH) of tree(s) for which permit is sought.
   3. Reason why applicant seeks removal of tree(s).
3. Review of Tree Removal Permit Application. The City Forester shall review the tree removal permit application. This review may include an inspection of the site and/or meetings with the applicant. The City Forester shall render a decision on the tree removal permit request within ten working days of the receipt of a properly filed request.
4. Appeals. Any appeal of the denial of a Tree Removal Permit shall be heard by the City’s Public Works Committee of the Whole. Appeals must be filed, in writing with the City Forester, within ten days of denial of the Tree Removal Permit. Appeals will be heard within 30 days of such filing.

15-18-11 – EMERGENCIES

In the event of emergency conditions requiring the immediate cutting or removal of a tree or trees protected by this Chapter in order to avoid danger or hazard to persons or property, an emergency permit will be issued by the City Forester without formal application. If City Hall is closed when the emergency arises, the Police Department Shall be contacted for appropriate assistance before any action is taken.

[Park Ridge, IL]

Mandates protection of public property trees for construction taking place on or near public property. Includes reference to fees, and penalties for trees damaged or killed. (Fees and penalties may be referenced in this component but detailed in the Fees and Penalties components of the code.)

Mandates protection of public property trees for construction taking place on or near public property. Includes diagrams for specified requirements or references a separate document where these specifications can be found. Follows a recognized national standard such as the ANSI A300. Includes reference to fees and penalties for trees damaged or killed. (Fees and penalties may be referenced in this component but are detailed in the Fees and Penalties components of the code.)

Mandates protection of public trees and private property trees that meet criteria for protection during construction on or near public property for the purpose of protecting trees on the property where the work is taking place and also on adjacent property. Follows a recognized national standard such as the ANSI A300. Measures can include protection during specific types of construction such as  new sidewalks that may fall within the dripline or roadway construction/improvements. Alternatively, the ordinance can maintain flexibility with a statement such as “arborist can impose greater protection measures as needed in accordance with… (e.g., an Urban Forest Management plan, Trees and Construction Policy, etc.) ” Identified authority may make determinations about the viability of protection for trees in question and may require removal and appropriate replacement of trees or fines for which protection cannot be reasonably provided for e.g., the critical root zone. Includes reference to fees and penalties for trees damaged or killed. (Fees and penalties may be referenced in this section but are detailed in the Fees and Penalties sections of the code.)

Examples

13-1-3: Tree Protection

Tree protection may be required wherever development activity will occur within 25’ of the base of any tree.

1. Tree protection fencing shall be six feet (6’) high chain-link, with steel posts driven into the ground at not more than ten foot (10’) intervals. {see Figure 1 below} Fencing shall be placed a minimum of fifteen (15) feet from the trunk of any tree to be protected.
2. Tree protection shall remain in place, upright, and in good condition for the duration of the development activity. No machinery, equipment, or material storage is permitted outside of paved areas once tree protection is removed.
3. Any tree not separated from development activity by an approved tree protection fence at least 15’ from the base of the tree shall be considered “impacted”, and subject to a cash deposit as detailed in Section 7 of this chapter.
4. Root zone protection shall consist of a minimum six inch (6”) thickness of wood mulch and two layers of ¾” plywood. Root zone protection shall extend to the limits of development activity or a minimum of fifteen feet (15’) from the base of the tree.
5. Trees which the Village designates as an impacted tree may require mitigation by a Certified Arborist including, but not limited to; Vertical Mulching (to reduce soil compaction), Mycorrhizal Fungal and Rhizosphere Bacterial Inoculation (to promote root re-growth and improved nutrient uptake efficiency) or growth regulator (Cambistat™) treatment, as directed by the Village.

Figure 1

Example of construction fence separating “Construction Zone” from protected tree

[Lincolnshire, IL]

15-18-10 – TREE PROTECTION DURING CONSTRUCTION

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

1. 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.
2. 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.
3. 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.
4. No attachments, signs, fences, or wires, other than approved for bracing, guying, or wrapping shall be attached to trees during the construction period.
5. Other measures, including but not limited to, construction pruning and root pruning may be required upon the written demand of the City Forester.
6. Unless otherwise authorized by the City Forester, no soil is to be removed or added within the root zone area of any tree.
7. 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]

Tree Protection diagram from Forest Preserve District of Cook County’s Tree Protection and Preservation Manual

Trees removed require replacement on-site if possible, off-site if needed and practicable, or a fee-in-lieu to be paid if not. Replacement regulations stipulate the type and size of tree(s) that must be planted if a protected tree is removed. Trees are replaced on a per-stem ratio, e.g., for every tree removed, two new trees must be planted.

Trees are replaced on a per-diameter-inch basis, e.g., if a 10-inch DBH tree is removed, 10 inches of new trees (10 x 1” trees or 5 x 2” trees) trees must be planted. Alternatively, a matrix may be used, such as the example below. A tree standards manual or Urban Forest Management Plan may allow for additional nuance,  e.g., reduced requirements based on tree condition or other contextual factors, varying degrees of protection for varying species.

Examples

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 (10 x 1” trees or 5 x 2” trees) trees must be planted. Alternatively, a matrix may be used such as the example below. A tree standards manual or Urban Forest Management Plan may allow for additional nuance, e.g., reduced requirements based on tree condition or other contextual factors, varying degrees of protection for varying species. 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.

Examples

1. 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.
2. 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.

[CRTI Silver Ordinance Template]

*It is recommended that 60 months be used for the waiting period because it can take many years for trees to show signs of decline or to die due to an impact.

Same as Recommended.

A process for appealing a decision 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.

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.

(Ord. 5253, 5-21-2002; amd. Ord. 5260, 6-18-2002)

[Mount Prospect, 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]

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]

Same as Recommended.

Includes a penalty or fine schedule detailing the amount that must be paid for each diameter inch of the illegally removed or damaged tree. Minimum penalties would include a low penalty on a per tree basis, an amount that normally would pay for a replacement tree and installation (~$300*).

*Note: replacement of the tree is a nominal expense when compared with establishment watering. The governmental entity should consider requiring the recouping of all costs related to the death or damage of a tree – including establishment maintenance (minimum of 3 years).

Examples

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]

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.

Examples

15-18-12 – PENALTY

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]

High penalty 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 tree’s annual benefits. May also require other non-fine-based innovative mitigation efforts.

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]

List of prohibited and illegal species, and preferred species are present in the ordinance, included in an Urban Forest Management Plan, or a reference to a third-party list (e.g., USDA, The Morton Arboretum, etc.) is present dictating what may be planted on public property.

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]

List of prohibited and illegal species and preferred species are present in the ordinance, included in an Urban Forest Management Plan, or a reference to a third-party list (e.g., USDA, The Morton Arboretum, etc.) is used. These lists dictate what may be planted on public property. May also list invasive species that may not be planted on private property.

Lists of prohibited and illegal species, and preferred species are present in the ordinance, included in an Urban Forest Management Plan, a reference to a third-party list (e.g., USDA, The Morton Arboretum, etc.) is used, 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. These lists dictate what may be planted on public property. May also list. invasive species that may not be planted on private property.

An exemption may be authorized for special conditions, e.g., agricultural clearing, nurseries, silviculture, nuisance trees or species, and emergencies.

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.

Same as Recommended.

Same as Recommended.

Stipulates that if any part of the ordinance is invalidated, the rest still applies.

Examples:

Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held to be invalid.

[Atherton, CA]

Same as Recommended.

An inventory and urban forest management plan is called for in the future.

Examples

The {Governmental Entity} shall set a goal and timeline for the completion of an urban forest inventory.

The {Governmental Entity} shall set a goal and timeline to develop and implement an urban forest management plan based on an urban forest inventory. This plan shall include clear direction for the protection, preservation and planting of the urban forest and shall be based on the U.S. Forest Service Sustainable Urban Forest Guide.

[CRTI Bronze Ordinance Template]*

*Once this goal has been achieved this wording should be removed and this section could state e.g., The Governmental Entity shall have an urban forest inventory of publicly owned trees and a representative sample of privately-owned trees. This inventory shall be maintained in a current state.

[CRTI Bronze Ordinance Template]

Inventory is mandated and includes a re-inventory period. Re-inventory may be required every five to seven years unless the inventory is updated with the pruning cycle or is updated as part of routine tree maintenance. A high-quality urban forest management plan is mandated and the sections of such a plan are outlined.

Examples

The {Governmental Entity} shall have an urban forest inventory for all public trees and shall have a stratified sample inventory for the private trees. The Urban Forest Management Plan shall be based on this inventory.

The {Governmental Entity} shall have an approved Urban Forest Management Plan. This plan shall be the framework for the protection, management, and planting of trees within the Governmental Entity and shall support and clearly define the regulations identified in the Tree Preservation Ordinance.

[CRTI Gold Ordinance Template]

Inventory is mandated and includes a re-inventory period. Re-inventory may be required every five to seven  years unless the inventory is updated with the pruning cycle or is updated as part of routine tree maintenance. A high-quality urban forest management plan is mandated and the sections of such a plan are outlined. May include tree canopy cover and canopy distribution analysis, and a plan to achieve specific canopy cover goals, e.g., equity, that go beyond goals that generalize the entire geographic scope (e.g., mandating canopy cover based on neighborhoods, rather than generalizing the full governmental entity). Includes tree risk assessment protocol and frequency.