Chapter 45
TREES AND WOODLANDS PROTECTION
Sec. 45-1. Purpose and intent.
Sec. 45-2. General scope.
Sec. 45-3. Definitions.
Sec. 45-4. Inside the village.
Sec. 45-5. Permit required; tree removal application form and tree removal fees.
Sec. 45-6. Application review and approval.
Sec. 45-7. Permit time and expiration.
Sec. 45-8. Maintenance and tree and woodland preservation.
Sec. 45-9. Large properties and development sites.
Sec. 45-10. Enforcement and appeals.
Sec. 45-11. Penalties, permit revocation.
Sec. 45-12. Tree commission.
Sec. 45-1. Purpose and intent.
The purpose and intent of this chapter is, through the preservation, protection, planting, and proper maintenance of trees and woodlands within the village and on land to be annexed to the village, to:
(1) Prevent the unnecessary destruction of trees in the village.
(2) Aid in the stabilization of soil by the prevention of erosion and sedimentation.
(3) Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading.
(4) Reduce stormwater runoff and the costs associated therewith and replenish ground water supplies.
(5) Provide a buffer and screen to protect against the adverse impacts associated against noise.
(6) Provide moderation of temperature extremes.
(7) Aid in the removal of carbon dioxide and generation of oxygen in the atmosphere and purify air and offset car emission pollution.
(8) Provide a habitat and feed source for birds and other wildlife which, in turn, assists in the control of pests.
(9) Protect and increase property values.
(10) Conserve and enhance the village's unique physical and aesthetic environment.
(11) Prevent the existence of trees which pose a threat, danger or nuisance to the public or to the property in the village.
(12) Generally protect and enhance the quality of life and the general welfare of the village and its citizens.
(Ord. No. 2001-63, § 2(45.01), 7-16-2001)
Sec. 45-2. General scope.
Except as specifically exempted in this chapter the provisions of this chapter shall apply generally and uniformly to all development or redevelopment of commercial, industrial and residential property. The provisions of this chapter shall apply for all new development, construction, expansion of existing land uses, structural alterations, or other improvement of a private or public building, structure or accessory building or the construction, extension or improvement of any parking lot or driveway which requires the removal of live trees having a breast diameter of six inches or more diameter breast height (DBH), and all areas seeking annexation to the village. Diameter breast height shall be considered to represent a height of four and one-half feet above the ground. This chapter shall also apply when removal of a tree with a DBH of six inches or greater is requested within the village limits, that is not connected with any construction, expansion, etc.
(Ord. No. 2001-63, § 2(45.02), 7-16-2001)
Sec. 45-3. Definitions.
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
Caliper means as measured at a point 12 inches above the ground.
Closed canopy means a wooded area that allows little or no light into the forest floor.
Condition means life expectancy of trees. State whether good, poor, dying, or dead.
Conservancy means any area designated as "conservancy" or equivalent on a plat of subdivision or plat of dedication approved by the village and recorded.
Cutting means felling or removal of a tree or any procedure the result of which is to cause the death or substantial destruction of a tree. "Cutting" does not include normal pruning, trimming or maintenance topping of trees.
Designate means a person appointed by the planning department to inspect the subject property for compliance or violation of this chapter.
Destruction means any human or animal activity which destroys or shortens the life expectancy of a tree.
Development means any proposed material change in the use of or character of land from an undeveloped or natural state.
Diameter breast height (DBH) means the diameter of the trunk of the tree measured in inches at a point four and one-half feet above ground level. This point of measurement is used for mature and established trees.
Dripline means the outside perimeter of the tree's canopy extended to the ground to represent the preservation area.
Forest means a dense growth of trees and underbrush covering a large tract of land, or a significant portion of a large tract of land.
Landscape architect means one whose profession is the arrangement of land for human use and enjoyment, involving the design and placement of structures, vehicular and/or pedestrian circulation, plantings, and their relationships with adjacent areas and who has professional and educational qualifications in plant physiology.
Redevelopment means any increased use or restructuring of present use of land that was already considered developed.
Site means that tract, parcel or lot of land for which a tree removal permit is sought.
Structure means any structure, building, patio, pool, deck, fence, shed, gazebo, etc., that would require a building permit to construct.
Timberland means land covered with forest and especially with marketable timber.
Tree means 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.
Tree and woodland plan means a plat indicating the woodlands and trees, indicating the trees to be preserved and new trees to be removed or planted. This may be included in a landscape plan.
Tree canopy means the area of space that live tree leafs and branches occupy.
Tree coverage means the total area of space a woodland canopy occupies.
Tree removal permit means the permit required by this chapter to remove any tree protected and regulated under the provisions of this chapter.
Tree survey [means that it] shows the number, diameter, location, condition and species-cultivars of all live trees on the subject property prior to any regulated tree destruction activity.
Viable means a tree which is capable of sustaining its own life process, unaided by man.
Woodlands a tract or parcel of land covered wholly or in substantial part with trees and related environs.
Yard area means an open space on the same lot or parcel with a building, said space being unoccupied with the exception of trees and other vegetation and/or accessory structures.
(Ord. No. 2001-63, § 2(45.03), 7-16-2001; Ord. No. 2006-58, § I, 7-17-2006)
Sec. 45-4. Inside the village.
Trees and woodlands on vacant lots or lots already developed, built upon, and occupied.
(1) Tree permit required. For removal or relocating of trees six inches or larger DBH or groves under the definition of "woodlands" with trees three inches or larger DBH, the conditions under which a permit may be issued include, but are not limited to the following:
a. Removal due to interference with the location or relocation of a parking lot, driveway, sidewalk, patio, deck, garden, fruit trees, swimming pool, and other structures.
b. Removal due to interference with the safe performance of planned, contemplated or existing underground or overhead utilities including water and sanitary and storm sewer lines, gas pipes, and telephone and electric poles and wires.
c. Removal in no-conservancy areas if the trees in a yard have matured to a point they are blocking reasonable light and air reaching the yard and patio areas of the house or housing unit.
d. Removal due to damage or injury to the extent that the tree is likely to die or become diseased.
e. Removal will avoid or alleviate an economic or health hardship of another nature on the property.
f. Removal is consistent with good forestry practice.
g. Removal will enhance a tree preservation area and the health of the remaining trees.
(2) Exceptions. The permit requirements set forth in subsections d. and e., above, shall not apply to:
a. Existing subdivided residential lots.
b. Emergencies involving, but not limited to tornadoes, windstorms, floods, freezes or other natural disasters.
c. Trees which have become, or immediately threaten to become, a hazard to persons, property or other vegetation and require immediate removal or destruction. The planning department may grant immediate verbal authorization by on-site inspection confirmed later with the issuance of a tree removal permit for record purposes.
d. Diseased, dead or dying trees as confirmed by the planning department and when necessary by a designated plantsman or other vegetation professional.
e. All active orchards and state or village approved tree nurseries shall be exempt from the terms and provisions of this chapter, but only in relation to those trees which are planted and growing for the sale or intended sale to the general public in the ordinary course of business or for some public purpose.
f. Removal of invasive, non-native species, and village or state designated nuisance trees shall not require a tree removal permit.
(Ord. No. 2001-63, § 2(45.04), 7-16-2001; Ord. No. 2006-58, § I, 7-17-2006)
Sec. 45-5. Permit required; tree removal application form and tree removal fees.
Removal, relocation or replacement of trees is prohibited unless a permit therefor has been first obtained. Tree removal permits for the removal, relocation, or replacement of trees covered herein shall be obtained by submitting to the community development department an application on a form prescribed by the village. The tree removal, relocation or replacement permit fee shall be consistent with the zoning fee schedule for plan reviews.
(1) Application procedure. For tree removals in conjunction with new development on lots:
a. Tree removal permit application not involving a building permit shall include:
1. A sketch, photo or other description showing the location of the tree or trees to be removed.
2. Information on the size and types of trees to be removed.
3. Reasons for removing the trees.
4. Any reports or studies if any indicating that the trees should be removed.
5. Tree survey; see subsection (1)b.7. of this section.
6. Such other relevant information as the planning department shall reasonably require.
b. A tree removal permit application involving a building permit shall include at the applicant's own expense, as an attachment to the application, two copies of a legible, reproducible site plan drawn to scale and clearly showing the following information for the entire site:
1. Location, shape, and spatial arrangement of all existing and proposed walls, improvements, and structures.
2. Identification of uses on adjacent properties.
3. Location, shape, and spatial arrangement of all off-street parking and access roads.
4. Existing and proposed utility services.
5. Existing and proposed elevation.
6. Setbacks, yard requirements, and easements.
7. A tree survey, prepared by a landscape architect, overlaid directly upon the site plan and indicating the location, referenced to structures, of all trees with a DBH of six inches or greater. The survey shall distinguish existing trees which are proposed to be destroyed, relocated, replaced, preserved at their present location, or introduced into the development from an off-site source. All trees shall be identified by species and DBH. Groups of trees less than three feet apart may be designated as clumps, provided that any tree with a DBH of six inches or more must be specifically designated. The location of all tree removal activity is to be indicated on the tree survey. The planning department may exempt from inclusion in the tree survey those portions of the site which it determines will not be affected by the development activity.
(Ord. No. 2001-63, § 2(45.05), 7-16-2001; Ord. No. 2006-58, § I, 7-17-2006)
Sec. 45-6. Application review and approval.
Upon receipt of a completed application with required fees by the village, the planning department shall review said application. Such review may include site inspections and referral of the application for comment and recommendations to other appropriate village officials. A tree removal permit shall be granted only if:
(1) It is found that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development and proposed use of the land to preserve existing trees and to otherwise enhance the aesthetic appearance of the development by the incorporation of trees in the design process.
(2) The removal of the trees is part of good forestry practice that will result in woodland or forest enhancement and in conservancy areas, the village may require an opinion of a forester.
(3) A guarantee of performance is required for all sites where more than five trees (which qualify for replacement) are to be removed. Adequate security for the replacement trees thereof shall be posted with the village in the form of an irrevocable, unconditional standby letter of credit in the amount of 115 percent of the value of the replacement stock and the costs of installation.
(a) Generally. In order to provide for the protection and preservation of trees in the village and to further provide for the orderly replacement of trees, no clearing and grading permit or tree removal permit shall be issued without these requirements being met.
(b) Tree protection letter of credit. Before approval of a clearing and grading permit or tree removal permit, the zoning administrator must find that all tree protection, preservation, and replacements have been designed in accordance with the provisions of this chapter and all other applicable ordinances of the village; provided, however, that a permit may be approved upon the posting of a tree protection letter of credit or other guarantee acceptable to the village as provided in this chapter:
1. Amount. The amount of the security replacement trees shall be equal to 115 percent of the estimated cost of tree replacement and installation as approved by the zoning administrator.
2. Time limit. All guarantees shall be payable to the Village of Gurnee and shall be enforceable by the village prior to or on a date 18 months from the date of issuance of a clearing and grading or tree removal permit. Additional time may be allowed if approved by the zoning administrator when requested in writing by the developer or owner(s).
3. Release. The village board may reduce guarantees when requested in writing by the developer or owner(s) and approved by the zoning administrator. The village shall retain 30 percent of the guarantee until such time as the replacements are completed as certified by the zoning administrator.
(c) Guarantees. In lieu of a bond provided for in this section, the developer or owner(s) may post a certified or cashier check(s) with the village, each check equal to 115 percent of the estimated cost of replacement as provided for above.
(d) [Letter of credit.] Prior to final acceptance of the replacement trees, the developer or owner(s) shall submit a 25 percent letter of credit for the estimated cost of tree replacement and installation as submitted by the developer or owner(s)'s landscape architect or landscape contractor. Such letter of credit bond shall be the developer's guarantee against dead, dying, or diseased trees and shall terminate 12 months after acceptance of the replacement trees by the community development department.
(e) Default. If the improvements are not completed within the required time, the corporate authority of the village may use the bond or any portion thereof to complete replacement of the trees or may appropriate any portion of the guarantee for the same purpose.
(Ord. No. 2001-63, § 2(45.06), 7-16-2001; Ord. No. 2006-58, § I, 7-17-2006)
Sec. 45-7. Permit time and expiration.
The following sets forth the time limitations and expiration time of a tree removal permit:
(1) Tree removal permits shall expire and become null and void if work authorized by such tree removal permit is not commenced within six months from the date of the tree removal permit or if such work, when commenced, is suspended or abandoned at any time for a period of 90 days.
(2) A tree removal permit extension may be granted when deemed necessary by the planning department.
| Size (Diameter at DBH) of Existing Trees | Number of Replacement Trees | Trunk Caliper of Replacements* |
| 30 or greater | 3 | 5" |
| 20– 29 | 2 | 5" |
| 11– 19 | 2 | 3" |
| 6– 10 | 1 | 3" |
| <6 | 1 per 2 | 3" |
* Trunk caliper in inches as measured 12 inches above the established ground level.
b. Replacement trees shall be of a high quality, disease free, regionally grown trees with a single straight stem with no scars. Trees selected shall be from the varieties described in [Village of] Gurnee Subdivision Ordinance, Part V, Paragraph G, Subsection 6.d. [section 70-402(d) of this Code], as amended.
(Ord. No. 2001-63, § 2(45.09), 7-16-2001; Ord. No. 2006-58, § I, 7-17-2006)
Sec. 45-10. Enforcement and appeals.
This chapter shall be a minimum standard and shall be enforced by the office of the zoning administrator.
Upon request, an applicant may petition the village board to waive any minimum standard established herein. The village board may grant such request provided the applicant has demonstrated enforcement of specific minimum standards on site would create a significant hardship and that an acceptable alternate means of compliance has been proposed which may include the payment of a fee in lieu of compliance.
Appeals from any administrative decision made under this chapter may be taken by the applicant to the village board upon recommendation by the Village of Gurnee Plan Commission.
(Ord. No. 2001-63, § 2(45.10), 7-16-2001; Ord. No. 2006-58, § I, 7-17-2006)
Sec. 45-11. Penalties, permit revocation.
Any tree removal permit issued under this chapter shall be revoked or suspended if the permit holder violates the terms of the permit or any other provisions of this chapter. Any violation of this chapter shall be subject to a fine up to $750.00. Each day that a violation hereof exists shall be considered a separate offense. Each tree removed in violation hereof shall be considered a separate offense.