Loading...
O-790-93 05/24/93VILLAGE OF LEMONT ORDINANCE NO. 7/N9 AN ORDINANCE AMENDING CHAPTER 12.28 OF THE LEMONT VILLAGE CODE, ENTITLED "TREES AND SHRUBS" ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, ill, and DuPage, Illinois, this day of " ern (/ , 1993 , 1993 VILLAGE OF LEMONT ORDINANCE NO. 7/ , 0 DATE OF APPROVAL 4C- AN ORDINANCE AMENDING CHAPTER 12.28 OF THE LEMONT VILLAGE CODE, ENTITLED "TREES AND SHRUBS" WHEREAS, The Village of Lemont has the authority to regulate matters affecting the health, safety, and welfare of the community; and WHEREAS, Chapter 12.28 of the Lemont Village Code, entitled "Trees and Shrubs," regulates the planting, maintenance, protection and removal of trees in public places; and WHEREAS, trees are an important natural resource with significant benefits to the public, including beautification, wildlife habitat, inhibition of stormwater runoff and soil erosion, protection from extremes of weather, reduction of pollution, and enhancement of property values; and WHEREAS, the Village President and the Board of Trustees of the Village of Lemont have determined that it is in the best interest of the Village of Lemont to strengthen the rules, regulations and standards for the protection of trees and shrubs in the Village. BE IT ORDAINED by the President and the Board of Trustees of the Village of Lemont that Chapter 12.28 of the Lemont Village Code is repealed and replaced by the following: Sections: 12.28.010 12.28.020 12.28.030 12.28.040 12.28.050 12.29.060 12.29.070 TREES AND SHRUBS Definitions. Planting. Trimming, Pruning & Other Maintenance. Tree Removal. Tree Protection During Construction. Compliance with Other Ordinances. Penalties. 12.28.010 DEFINITIONS. AUGER To tunnel or bore through the root system of a tree as an alternative to trenching. CALIPER The diameter of the tree trunk, measured 12 inches above the ground level. 2 CRITICAL ROOT ZONE (CRZ) The area within which tree roots should remain undisturbed. For purposes of this ordinance, the diameter of the CRZ may be estimated as either 2 feet for every inch of tree caliper, or the area enclosed by the dripline of the tree. DRIP LINE An imaginary line along the ground, equal in lateral extent to the perimeter of the crown of a tree. PROTECTED TREE A tree located in a parkway or other public property, a conservation easement, or a tree designated as protected in an approved tree -care or landscape plan submitted as part of a proposed development. PUBLIC LANDS Areas dedicated or proposed to be dedicated to the public including, but not limited to, street rights -of -way, park sites, school sites, storm water detention or retention areas, and other property owned by a governmental unit. TREE SURVEY A drawing representing an accurate survey of the location, type, and size of existing trees of a designated minimum caliper, and the general locations of other trees and vegetation. 12.28.020 PLANTING. Wherever trees or shrubs are planted on public lands, or required on private property as part of an approved landscape plan or tree replacement plan, the regulations specified below shall apply. A. It is unlawful to plant any tree or shrub in any public street or parkway or other public place without having first secured a permit from the Lemont Department of Public Works. There shall be no charge for such permit. B. No permit for the planting of a tree or shrub on public lands shall be issued unless: 1. The tree or shrub does not create an obstruction to a required visibility (sight) triangle. 2. The tree or shrub does not conflict with a utility service connection. 3. The tree or shrub does not conflict with a utility pole or street light. 4. The tree or shrub is listed in the Lemont Design Standards as an acceptable species. 5. New trees are planted and maintained in compliance with the Lemont Design Standards. 3 12.28.030 TREE TRIMMING, PRUNING AND OTHER MAINTENANCE. Wherever trees are trimmed, pruned, or otherwise maintained on public lands or on private property as part of an approved landscape plan or tree preservation and replacement plan, the regulations specified below shall apply. A. Trees shall be trimmed to maintain an eight (8) foot clearance above a sidewalk, street, alley or other public way, and all parking spaces and access drives, whether public or private. A fourteen (14) foot clearance shall be maintained above all loading areas, service drives, and fire lanes. B. The Lemont Department of Public Works may trim that portion of any tree or shrub which encroaches on any sidewalk, street or other public property, regardless of the location of the tree or shrub on public or private property. C. Newly planted trees on public property and as required by an approved landscape plan shall be trimmed to remove crossing branches after planting. D. Tree species and cultivars sensitive to direct sunlight shall be wrapped with an appropriate tree paper from late fall to early spring to protect the tree from sunscald. E. Organic matter should be added where trees are planted in soils having high clay content. F. Where drainage is poor, adequate drainage shall be provided by elevating the root ball or by installing a perforated drain tile. G. A wood -chip mulch should be used around the base of newly - planted trees to conserve moisture. H. If young trees require stabilization, staking or guy wires shall be attached to trees. I. Tree wells or retaining walls shall be used to protect trees affected by changes in grade within the critical root zone. 12.28.040 TREE PROTECTION DURING CONSTRUCTION. During construction, including grading, earthwork, and excavating activities, all trees on public lands, trees within conservation easements, and trees on private property to be protected in accordance with an approved landscape plan or tree preservation plan shall be protected by one or more of the following methods, as appropriate: 4 A. Placement of a minimum three - foot -high snow fence, or similar barrier, at a radius from the trunk equal to or greater than the dripline of the tree. Except as otherwise permitted herein, no construction equipment, grading or excavating, or stockpiling of fill or other materials shall be permitted within the area so protected. Grade changes within the protected area shall not be created except where essential to provide positive drainage or where protective measures are taken in compliance with this ordinance. B. Augering rather than trenching, for any necessary utility installation within the critical root zone (CRZ) of the tree. C. Cleanly cutting roots and treating them with a tree wound dressing, if augering is impractical. D. Transplanting trees, when possible and using good arborcultural practices, to acceptable alternative locations. 12.28.050 TREE DAMAGE, INJURY & REMOVAL. A. It is unlawful to remove, intentionally damage or injure, or cut down any tree or shrub, or portion thereof, on any public land or conservation easement unless a permit has been obtained from the Department of Public Works. B. No permit for tree or shrub removal shall be permitted unless: 1) Removal of the tree would remove a hazard; 2) The tree is diseased or weakened; 3) Removal of the tree is recommended by good arborcultural practice to achieve a healthier wooded area; 4) Removal of the tree is necessary to provide ingress and egress. 12.28.060 COMPLIANCE WITH OTHER ORDINANCES. Nothing in this ordinance shall be construed as relief from the provisions of any other Village of Lemont ordinance, state or federal regulations. Where the provisions of this ordinance directly conflict with any other ordinance, the more stringent of the two shall prevail. 5 12.28.070 VIOLATIONS & PENALTIES. A. Any person, firm or corporation violating any provision of this chapter, where no other penalty is provided, shall be fined not less than twenty -five dollars nor more than one - thousand dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. B. Where public trees have been intentionally removed, damaged or injured in violation of this ordinance, the violator shall pay compensation to the Village of Lemont in the amount of the value of the tree(s) or shrub(s) affected, as determined by a certified arborist's appraisal. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT TEN (10) DAYS FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION, WHICH SHALL BE IN PAMPHLET FORM. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this °" l . day of � � , 1993. Barbara Buschman Alice Chin Keith Latz William Margalus Richard Rimbo Ralph Schobert AYES NAYS PASSED ABSENT 1' v Approved by me this dif day of Attest: CHARLENE M.SMOLLEN, Village Clerk , 1993 AP RIC ARD A. KWASN KI, Village President CHARLENE M. SMOLLEN, Village Clerk