Title 8 |
Tree Preservation on Private Property |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Chapters: 8.04 General Health Regulations 8.08 Aircraft Landings 8.12 Contagious Diseases 8.16 Dutch Elm Disease 8.20 Fireworks and Explosives 8.24 Garbage and Refuse 8.28 Plants and Weeds 8.30 Tree Preservation on Private Property 8.32 Public Toilet Facilities 8.34 Tobacco Regulation 8.36 Repealed (Smoking in Public Places) (Footnotes) |
Sections:
Exhibits:
8.30.010 Purpose. The purpose
of this Chapter is to maintain existing trees within the City to the greatest
extent possible, while allowing for reasonable development of private
property. Trees are assets to the community in many ways, including contributing
to its character and scenic beauty, clean air, reducing noise, preventing
erosion of topsoil, reducing the rate of stormwater runoff, providing
nesting areas for birds and habitat for other wildlife, conserving energy,
and providing shade and windbreaks. The health and general welfare of
the community, as well as its tax base, are enhanced when trees are preserved.
8.30.020 Definitions. 1. Approved Trees: Approved trees are those species described in Chapter 12.20 of this Code as being suitable street trees in the City of St. Charles, and shall not include restricted species listed in Chapter 12.20. 2. Building Lot: A lot for which application has been made for a building permit to construct a new building or structure, or to demolish or move an existing building or structure. 3. Construction Zone: The area of a site where construction of buildings and other site improvements may occur. 4. DBH (diameter at breast height): The diameter of a tree measured at a height of four and a half feet above the ground. 5. Land Development: The process of developing a parcel of land, starting with the submittal of a preliminary plan of subdivision or Planned Unit Development and concluding with the completion and acceptance of site improvements. Land development may involve unimproved vacant land, or land improved with buildings and/or site improvements that is proposed to be redeveloped, but does not include review and issuance of a building permit. 6. Lot: A parcel of land which is designated by its owner at the time of application for a building permit as a tract all of which is to be developed and used as one parcel under single ownership. A lot may consist of (a) a single lot of record or (b) a combination of contiguous lots of record. 7. Remove or removal: The actual physical removal of a tree, or the effective removal through damaging, cutting, poisoning, or other direct or indirect action resulting in, or likely to result in, the death of a tree. 8. Tree Preservation Plan: A plan identifying existing trees, designating areas where trees will be preserved and removed, and detailing the location and type of tree protection measures to be undertaken during and/or after construction. An easement for tree and/or natural area preservation established in a subdivision or Planned Unit Development approved prior to November 19, 2001, including but not limited to the Tree Conservation Areas listed in Section 8.30.050 § 1 hereof, shall constitute an approved Tree Preservation Plan where the Tree Preservation Zone is the area within the easement, and the Construction Zone is all areas outside the easement. 9. Tree
Preservation Zone: The area of a site that is not necessary for construction
of buildings and other site improvements and within which trees shall
be preserved. 8.30.030 Tree Preservation Requirements for Land Development. 1. No live tree(s) with a trunk size of six inches (6") or more DBH shall be removed from any parcel undergoing Land Development except as permitted by an approved Tree Preservation Plan. 2. In addition to the other requirements of this Chapter, where a Site Development Permit is required by Title 18 of the St. Charles Municipal Code no trees shall be removed from a site undergoing Land Development unless a Site Development Permit has been issued and remains valid. 3. Where trees six inches (6") or more DBH exist on the property to be developed or redeveloped, a Tree Preservation Plan shall be submitted with the preliminary plan of subdivision or planned unit development. If the preliminary plan stage is omitted or is combined with final engineering plans, the Tree Preservation Plan shall be submitted with the final engineering plans, and shall be subject to approval of the City Council at the time of approval of the Final Plat. 4. The removal of trees six inches (6") or more DBH proposed as part of a Tree Preservation Plan shall be permitted only to the extent necessary to accommodate the construction of public and private site improvements, buildings and structures in conformance with the standards of 8.30.070 § 2 hereof. Submittal of a separate Tree Preservation Plan for each Building Lot shall not be required for Building Lots within a subdivision or Planned Unit Development if all areas where trees are to be removed are identified in the approved Tree Preservation Plan. 5. Where
an easement for tree and/or natural area preservation has been established
in a subdivision or Planned Unit Development approved prior to November
19, 2001, including but not limited to the Tree Conservation Areas listed
in Section 8.30.050 § 1 hereof, no additional Tree Preservation Plan approval
shall be required to remove existing trees located outside of the established
easement areas. 8.30.040 Tree Preservation Requirements for Building Lots. 1. No live tree(s) of six inches (6") or more DBH shall be removed from any Building Lot except as permitted by an approved Tree Preservation Plan. 2. A proposed Tree Preservation Plan shall be submitted with the application for a building permit where trees six inches (6") or more DBH exist on the Building Lot if (a) no Tree Preservation Plan has been approved for the property or (b) the applicant proposes to alter the approved Tree Preservation Plan. 3. Where a Site Development Permit is required (refer to Section 18.36.040 of this Code), a Tree Preservation Plan for a Building Lot shall be approved only if a Site Development Permit has been issued and remains valid. 4. The City Administrator or his designee shall approve a Tree Preservation Plan (or amendment thereto) for a Building Lot if the application complies with the provisions of this Chapter and in particular the standards of Section 8.30.070 § 1. 5. Appeals:
A property owner may appeal the denial of a Tree Preservation Plan to
the City Council by submitting a written request. If the City Council
finds that the standards of Section 8.30.070 § 2 have been met, it may
approve the Tree Preservation Plan and may include conditions it deems
necessary to ensure compliance with this Chapter. 8.30.050 Tree Conservation Areas. 1. The Tree Conservation Areas listed in this section are hereby found to be unique community assets that, if protected, will enhance the value of the property encumbered by said covenants and easements as well as other property within the community. These Tree Conservation Areas shall be maintained in conformance with the provisions of their respective covenants and easements, and in conformance with the Tree Conservation Area Guidelines set forth in Exhibit "A" hereto (the "TCA Guidelines"). Tree Conservation Areas:
2. A property owner who proposes to make changes within a Tree Conservation Area shall submit a written request to the City. Such request shall clearly describe the type of work to be undertaken, the locations, quantities, and specifications of materials and equipment, and the name and licensing of any contractor performing the work. Written approval from the City must be received before proceeding with any alterations, even if such alterations are allowed by the TCA Guidelines. 3. When
active restorative measures such as planting or vegetation removal are
necessary to bring a property into compliance with the TCA Guidelines,
the owner shall submit a restoration plan within 60 days of written notification
that the property is in violation of the TCA Guidelines. If the City Administrator
or his designee determines the following the proposed restoration plan
will restore the area to a condition that conforms with the TCA Guidelines,
he shall approve it. The owner shall restore the disturbed area in conformance
with the approved restoration plan within twelve months following its
approval. 8.30.060 Emergency Removal. Notwithstanding
other provisions of this Chapter, a Tree Preservation Plan or other approval
is not required when removal of a tree is necessary due to an emergency
situation posing an immediate danger to a person, property or the community,
and where such emergency renders compliance with the permit process unreasonable.
The individual who proposes to remove the tree(s) shall contact the City
Administrator or his designee to receive permission for emergency removal
of the tree(s). If the contact is not during business hours, the individual
shall leave a voicemail message indicating name, time, tree location,
and phone number, and may then proceed with emergency removal. 8.30.070 Requirements for Tree Preservation Plans. 1. A proposed Tree Preservation Plan shall include the following written and graphic information:
2. Standards: Removal of trees shall be authorized by Tree Preservation Plans only when one or more of the following conditions exist, as determined by the City:
(Ord. 2001-M-73 § 1.) 8.30.080 Practices During Construction. 1. All Tree Preservation Zones shall be maintained free of all construction activity, construction equipment, material or spoils storage, compaction, fill, and debris. 2. Crushed limestone, hydrocarbons, or other materials detrimental to trees shall not be dumped within the root zone of any tree to be preserved nor at any higher elevation where drainage toward the tree could affect its health. 3. No attachments, signs, fences, or wires, other than those approved for bracing, guying or wrapping trees, shall be attached to trees during the construction period. 4. Unless otherwise authorized by an approved Tree Preservation Plan, no soil shall be removed or added within the root zone of any tree to be preserved. 5. The boundary
between the Construction Zone and the Tree Preservation Zone shall be
fenced during the course of construction in a manner that clearly identifies
where construction activity is prohibited. The Building and Zoning Commissioner
and City Engineer shall have the authority to issue a stop work order
until adequate fencing is provided or repaired. 8.30.090 Penalties. 1. Any violation of this Chapter shall be punishable by a fine of not more than $500.00 for each violation. 2. Replacement Trees. In addition to any fine that may be assessed, each tree of six inches or more DBH which is removed in violation of this Chapter shall be replaced with trees of at least a three inch (3") caliper selected from the list of Approved Trees according to the following schedule. The diameter of removed trees shall be determined by the average stump diameter where cut at six inches (6") from surrounding ground level.
3. Location of replacement trees. The location of replacement trees shall be as determined by the City Administrator or his designee. If it is determined that an insufficient onsite area exists to support some or all of the replacement trees, then prior to issuance of any building permit, site development permit or approval of a plat of subdivision or planned unit development the property owner shall pay the cost of the replacement trees that cannot be accommodated onsite to the City. The funds collected from such payments shall be used for the sole purpose of planting trees at other locations determined by the City. 4. Financial Guarantee for onsite replacement trees. Prior to issuance of a building permit, site development permit, or approval of a plat of subdivision or planned unit development the property owner shall submit a financial guarantee subject to the approval of the City Administrator or his designee in the amount of 115% of the estimated cost to install the required onsite replacement trees. If replacement trees are not installed within the next planting season (spring or fall) after the prohibited tree removal, the City may use the proceeds of the financial guarantee to plant the replacement trees. If the property owner does not permit planting of the replacement trees onsite, the City may plant trees at other locations as determined by the City. 5. Suspension of Permits: The Building and Zoning Commissioner may suspend any and all building permits issued by the City and issue stop work orders with respect to any parcel of land where he determines that the provisions of this ordinance are not being complied with. 6. Removal
of undesirable trees: If a tree is removed prior to approval of a Tree
Preservation Plan or other approval, and the City Administrator or his
designee determines the removed tree was of a species or condition that
would have justified approval of a Tree Preservation Plan or other approval
to remove it if application had been made, the penalties hereof shall
not apply. Exhibit
A Intent
The conservation of existing plant material is to be achieved primarily through restricting access to and limiting activities within the Tree Conservation Areas. However, intervention to perform maintenance and corrective measures is appropriate in the following circumstances:
Definitions 2. Forb: a non-grassy herbaceous plant, primarily referring to broad-leaved plants of prairies and savannas. 3. Herbaceous: pertaining to or characteristic of a plant that has a fleshy stem, as distinguished from a woody plant. 4. Indigenous: occurring or living naturally in an area, not introduced; native. 5. Noxious weed: a weed specified by law as being especially undesirable, troublesome, and difficult to control. 6. Other plants: all vegetation, woody or otherwise, except lawn grass and flowers less than 24 inches in height. 7. Overstory trees: deciduous trees that generally grow to a height in excess of 30 feet. 8. Shrub: a woody perennial smaller than a tree, usually having permanent stems branching from or near the ground. 9. Savanna: a transitional zone between grasslands and forests, on which there are scattered individual trees and/or clumps of trees and shrubs. 10. Transitional Border: a strip of land within a Tree Conservation Area along its edge which has been disturbed and which may provide a visual and functional transition between the Tree Conservation Area and the remainder of the lot. Guidelines
B. Planting: The following plantings are permitted within the Tree Conservation Zone, but only with the specific approval of the City. Appendix I lists some native, non-native and weedy plants as a reference. Additional lists and guides to native plants are found in references such as Swink and Wilhelm's Plants of the Chicago Region, and Dick Young's Kane County Wild Plants and Natural Areas, 2nd Edition.
C. Transitional Border:
D. Installation of Yard Accessories:
E. Prohibited Activities: The following activities and uses are specifically prohibited within Tree Conservation Areas:
F. Miscellaneous: The following activities are not permitted unless approved by the City in conjunction with a plan to remove and/or restore plant material in accordance with these guidelines:
Appendix
I Indigenous (native) plants:
Ground Layer
|