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2001-0450 0 ORDINANCE NO. 2001-45 AN ORDINANCE AMENDING TITLE 16 OF THE BUFFALO GROVE MUNICIPAL CODE, BEING THE DEVELOPMENT ORDINANCE WHEREAS, Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1: The following definitions shall be added to Section 16.10.070 of the Buffalo Grove Municipal Code to read as follows: Section 16.10.070 - DEFINITIONS Bikepath A designated right -of -way provided for recreational purposes. Caliper Measurement used for nursery stock. The diameter of a tree trunk as measured 6 inches above ground line for nursery trees up to and including 4 inches in caliper and as measured 12 inches above ground line for nursery trees larger than 4 inch in caliper. Critical Root Zone That area around a tree as defined by the following calculation; for each inch of tree measured by the standard D.B.H. method, one (1) foot of area around the tree in all directions as measured from the base of that tree. Diameter Breast Height (D.B.H.) The diameter of a tree measured four and one -half feet (4.5) above the existing ground line. Key Tree Any tree identified by a qualified arborist as an exceptionally good example of the species, in good to excellent condition, that has a diameter breast height of twenty four (24) inches or larger and that has a species rating percentage of 80 or greater as listed in the "Species Ratings and Appraisal Factors for Illinois" published by the International Society of Arboriculture and is a variety that is indigenous to the State of Illinois or any other species as determined by the Village Forester. Significant Tree Any tree identified by a qualified arborist in good to excellent condition, that has a diameter breast height of twelve (12) inches or larger and that has a species rating percentage of 60 or greater as listed in the "Species Ratings & Appraised Factors for Illinois" published by the International Society of Arboriculture and is a variety that is indigenous to the State of Illinois or any other species as determined by the Village Forester. 0 0 Tree Preservation Actions taken to preserve and protect trees as components of landscape resources, including but not limited to welling to protect from change in grade, mulching, root pruning, and construction fencing in a manner consistent with reasonable development. Tree Preservation Plan A written plan having illustrations and text that indicates the methods which are to be used to preserve existing trees during the construction process. The plan will contain pertinent information as may be required by the Village Forester. Tree Survey An inventory document having illustrations and text that includes the specie, size, condition and location plotted, of all live trees on the property prior to any construction activity. The survey will contain a level of detail and other pertinent information as may be required by the Village Forester. Village Forester The individual responsible for the management of the municipal urban forest which includes the review and approval of Tree Preservation Plans, Tree Surveys, Site Inspection, Landscape Plan Review and Subdivision Planting. This individual shall be trained in urban forestry, arboriculture, horticulture, landscape architect or closely related fields. Section 2: Section 16.10.080, Adoption by Reference, of the Village of Buffalo Grove Municipal Code is hereby amended by adding thereto the following subsection: U. Species Ratings and Appraisal Factor for Illinois, published by the International Society of Arboriculture, latest edition. Section 3: The following sections of Title 16 of the Buffalo Grove Municipal Code are amended to read as follows: SECTION 16.50.120.A A. General All developments, whether public or private, shall provide for the landscaping of parkways, parks, open space areas, areas to be dedicated to the public, and other areas in accordance with this Title and other Village ordinances. The following specifications are to prevent unnecessary damage and destruction to trees. 1. Authorization must be given by the Village Forester before any one attaches or installs any metal materials, signs, cables, wires or other items foreign to the natural structure of the tree, excavates into the critical root zone within the drip line of a tree or treats the soil within the Critical Root Zone with a soil sterilant. 2. A site plan and a landscape plan shall indicate all existing trees, trees to be protected and saved and trees to be removed. Every effort shall be made to preserve all Key Trees and Significant Trees. 3. Trees to be saved shall be marked prominently. 4 0 0 4. Curb cuts shall not be closer than 5 feet from the trunk of a tree. Paving or asphalting shall not be done closer than 2%2 feet from the tree trunk.. 5. New sidewalks, paving or asphalting shall allow breathing space for tree roots. The following shall be used as a guideline: (a) For trees up to 4 inches in trunk caliper, 25 square feet of porous area is required. (b) For each additional 2 inches of tree caliper, 10 more square feet shall be provided. 6. Where grade change is required, the same area as described in subsection 5 above shall be provided either by construction of a dry well where the level is to be raised or by building a retaining wall where the level is to be lowered. 7. Avoid cutting surface roots wherever possible. Sidewalks and paving levels should be contoured sufficiently to avoid such cutting. 8. Excavation involving root cuts shall be done rapidly. Make smooth, flush cuts on tree roots. Backfill before the roots have a chance to dry out, and water the tree immediately. 9. Where many roots have to be removed, prune branches out of the top of the tree to restore a proper top to root balance. 10. If trees are in full leaf during the construction phase, supply supplemental irrigation. SECTION 16.50.120.B B. Authority The Village Forester is authorized to act on behalf of the Director of Public Works in exercising authority to grant permission for planting and maintaining trees and other landscaping on public streets and municipal properties when such trees and landscaping are installed or maintained pursuant to this Title. SECTION 16.50.120.0 C. Protection of Existing 1. All developers with sites containing any trees four (4) inches in diameter or greater, calipered at four and one -half feet (4 1/2') above the highest ground level, shall prepare a Tree Survey which shall certify the locations and size of all such trees and the species of each. Each tree which is required to be certified shall be tagged with an inventory number, mapped on the Tree Survey, and a written evaluation and rating of the tree's condition shall be submitted and shall include a description of the rating system and process used in the evaluation at the time of Tree Survey submittal. A Tree Preservation Plan shall be submitted indicating such existing Key Trees and Significant Trees as identified during the preparation of the Tree Survey. All Key Trees and Significant Trees shall be clearly identified in the required Tree Survey and indicated on a subdivision engineering plan and a site plan. All Key Trees and 80% of the Significant Trees shall be preserved. 2. The Village Forester shall review the developers proposed methodology for saving or removing Key Trees and Significant Trees. If, in the opinion 0 0 of the Village Forester the developer has not provided for the protection of Key Trees and Significant Trees, the Village Forester will advise the Village Engineer that the developer has not provided for the protection of Key Trees and Significant Trees and recommend that Preliminary Plan approval not be granted until such time as the developer satisfactorily amends his plans for the preservation of such existing trees. If the developer, Village Forester and the Village Engineer cannot agree on a satisfactory plan, the developer can appeal the decision to the Corporate Authorities. Based on the review and approval of the Corporate Authorities the Village Forester may grant relief from the preservation requirements for "Key Trees" and "Significant Trees ". 3. All grading and construction equipment shall be forbidden from encroaching within the trees' Critical Root Zone. Materials detrimental to tree survivability shall not be dumped or stored within the trees' Critical Root Zone or at any higher location draining toward the trees. 4. Where trees are to be saved, temporary fencing shall be erected at the periphery of the drip line to keep construction from killing the tree or from compacting soil and damaging shallow feeder roots. At a minimum, all provisions of Section 201.05 of the "SSR & BC ", latest edition, shall be followed. 5. Not withstanding subsection Cl and C2, the Village Forester may allow removal of Key Trees and Significant Trees. Key Trees and Significant Trees so authorized for removal shall be replaced at the following ratio: a. Key Tree — shall be replaced with two (2) inches of caliper for every inch of removal. The minimum size for replacement trees shall be six (6) inches in caliper. b. Significant Tree — shall be replaced with two (2) inches of caliper for every inch of removal. The minimum size replacement trees shall be four (4) inches in caliper. All replacement trees shall be guaranteed for a period of three (3) years. A replacement plan shall be submitted to the Village Forester for review and approval prior to granting the requested relief. 6. In lieu of installing replacement tree(s), the developer, with the Village Forester's approval, may compensate the Village of Buffalo Grove with a cash payment at the required replacement value. The required replacement value shall be calculated using the following method; a. The Village will calculate the sum of inch diameter of Key Trees and Significant Trees removed multiplied by 2. b. The Village will obtain three (3) prices from local landscapers for the purchase and planting of the sum of inch diameter of Key Trees and Significant Trees removed multiplied by 2. C. The Village will invoice the developer for the calculated replacement value. d. The funds collected shall be allocated to the Village Tree Replacement Program and used solely for the purpose of 4 E purchasing and planting new and replacement trees within the Village of Buffalo Grove. 7. In addition to all other enforcement and penalty Sections of this Title, the Village may issue a stop work order if construction practices are jeopardizing the viability of trees protected by the approved Tree Preservation Plan. Section 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication. This ordinance may be published in pamphlet form. AYES: 5 - Marienthal, Braiman, Berman, Johnson, Kahn NAYES: 0 - None ABSENT: 1 - Glover PASSED: July 16 , 2001 APPROVED: July 16 , 2001 PUBLISHED: Julv 17 ATTEST: 934 TYA & Village Clerk GAENGINEERIDEVORD\Dev Ord Rev 2000.doc 2001 APPROVED: Village President E r VILLAGE OF BUFFALO GROVE ORDINANCE NO. _2001_ ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS __��DAY OF 2001 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this � day of ) 2001 CLXJ L� Village Clerk``rr Byj (/Deputy y Village Clerk 4' ORDINANCE NO. 2001-45 AN ORDINANCE AMENDING TITLE 16 OF THE BUFFALO GROVE MUNICIPAL CODE, BEING THE DEVELOPMENT ORDINANCE WHEREAS, Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1: The following definitions shall be added to Section 16.10.070 of the Buffalo Grove Municipal Code to read as follows: Section 16.10.070 - DEFINITIONS Bikepath A designated right -of -way provided for recreational purposes. Caliper Measurement used for nursery stock. The diameter of a tree trunk as measured 6 inches above ground line for nursery trees up to and including 4 inches in caliper and as measured 12 inches above ground line for nursery trees larger than 4 inch in caliper. Critical Root Zone That area around a tree as defined by the following calculation; for each inch of tree measured by the standard D.B.H. method, one (1) foot of area around the tree in all directions as measured from the base of that tree. Diameter Breast Height (D.B.H.) The diameter of a tree measured four and one -half feet (4.5) above the existing ground line. Key Tree Any tree identified by a qualified arborist as an exceptionally good example of the species, in good to excellent condition, that has a diameter breast height of twenty four (24) inches or larger and that has a species rating percentage of 80 or greater as listed in the "Species Ratings and Appraisal Factors for Illinois" published by the International Society of Arboriculture and is a variety that is indigenous to the State of Illinois or any other species as determined by the Village Forester. Significant Tree Any tree identified by a qualified arborist in good to excellent condition, that has a diameter breast height of twelve (12) inches or larger and that has a species rating percentage of 60 or greater as listed in the "Species Ratings & Appraised Factors for Illinois" published by the International Society of Arboriculture and is a variety that is indigenous to the State of Illinois or any other species as determined by the Village Forester. S 4 Tree Preservation Actions taken to preserve and protect trees as components of landscape resources, including but not limited to welling to protect from change in grade, mulching, root pruning, and construction fencing in a manner consistent with reasonable development. Tree Preservation Plan A written plan having illustrations and text that indicates the methods which are to be used to preserve existing trees during the construction process. The plan will contain pertinent information as may be required by the Village Forester. Tree Survey An inventory document having illustrations and text that includes the specie, size, condition and location plotted, of all live trees on the property prior to any construction activity. The survey will contain a level of detail and other pertinent information as may be required by the Village Forester. Village Forester The individual responsible for the management of the municipal urban forest which includes the review and approval of Tree Preservation Plans, Tree Surveys, Site Inspection, Landscape Plan Review and Subdivision Planting. This individual shall be trained in urban forestry, arboriculture, horticulture, landscape architect or closely related fields. Section 2: Section 16.10.080, Adoption by Reference, of the Village of Buffalo Grove Municipal Code is hereby amended by adding thereto the following subsection: U. Species Ratings and Appraisal Factor for Illinois, published by the International Society of Arboriculture, latest edition. Section 3: The following sections of Title 16 of the Buffalo Grove Municipal Code are amended to read as follows: SECTION 16.50.120.A A. General All developments, whether public or private, shall provide for the landscaping of parkways, parks, open space areas, areas to be dedicated to the public, and other areas in accordance with this Title and other Village ordinances. The following specifications are to prevent unnecessary damage and destruction to trees. 1. Authorization must be given by the Village Forester before any one attaches or installs any metal materials, signs, cables, wires or other items foreign to the natural structure of the tree, excavates into the critical root zone within the drip line of a tree or treats the soil within the Critical Root Zone with a soil sterilant. 2. A site plan and a landscape plan shall indicate all existing trees, trees to be protected and saved and trees to be removed. Every effort shall be made to preserve all Key Trees and Significant Trees. 3. Trees to be saved shall be marked prominently. 0 R r 4. Curb cuts shall not be closer than 5 feet from the trunk of a tree. Paving or asphalting shall not be done closer than 21/2 feet from the tree trunk.. 5. New sidewalks, paving or asphalting shall allow breathing space for tree roots. The following shall be used as a guideline: (a) For trees up to 4 inches in trunk caliper, 25 square feet of porous area is required. (b) For each additional 2 inches of tree caliper, 10 more square feet shall be provided. 6. Where grade change is required, the same area as described in subsection 5 above shall be provided either by construction of a dry well where the level is to be raised or by building a retaining wall where the level is to be lowered. 7. Avoid cutting surface roots wherever possible. Sidewalks and paving levels should be contoured sufficiently to avoid such cutting. 8. Excavation involving root cuts shall be done rapidly. Make smooth, flush cuts on tree roots. Backfill before the roots have a chance to dry out, and water the tree immediately. 9. Where many roots have to be removed, prune branches out of the top of the tree to restore a proper top to root balance. 10. If trees are in full leaf during the construction phase, supply supplemental irrigation. SECTION 16.50.120.13 B. Authoritv The Village Forester is authorized to act on behalf of the Director of Public Works in exercising authority to grant permission for planting and maintaining trees and other landscaping on public streets and municipal properties when such trees and landscaping are installed or maintained pursuant to this Title. SECTION 16.50.120.0 C. Protection of Existing Trees 1. All developers with sites containing any trees four (4) inches in diameter or greater, calipered at four and one -half feet (4 1/2') above the highest ground level, shall prepare a Tree Survey which shall certify the locations and size of all such trees and the species of each. Each tree which is required to be certified shall be tagged with an inventory number, mapped on the Tree Survey, and a written evaluation and rating of the tree's condition shall be submitted and shall include a description of the rating system and process used in the evaluation at the time of Tree Survey submittal. A Tree Preservation Plan shall be submitted indicating such existing Key Trees and Significant Trees as identified during the preparation of the Tree Survey. All Key Trees and Significant Trees shall be clearly identified in the required Tree Survey and indicated on a subdivision engineering plan and a site plan. All Key Trees and 80% of the Significant Trees shall be preserved. 2. The Village Forester shall review the developers proposed methodology for saving or removing Key Trees and Significant Trees. If, in the opinion 3 l of the Village Forester the developer has not provided for the protection of Key Trees and Significant Trees, the Village Forester will advise the Village Engineer that the developer has not provided for the protection of Key Trees and Significant Trees and recommend that Preliminary Plan approval not be granted until such time as the developer satisfactorily amends his plans for the preservation of such existing trees. If the developer, Village Forester and the Village Engineer cannot agree on a satisfactory plan, the developer can appeal the decision to the Corporate Authorities. Based on the review and approval of the Corporate Authorities the Village Forester may grant relief from the preservation requirements for "Key Trees" and "Significant Trees ". 3. All grading and construction equipment shall be forbidden from encroaching within the trees' Critical Root Zone. Materials detrimental to tree survivability shall not be dumped or stored within the trees' Critical Root Zone or at any higher location draining toward the trees. 4. Where trees are to be saved, temporary fencing shall be erected at the periphery of the drip line to keep construction from killing the tree or from compacting soil and damaging shallow feeder roots. At a minimum, all provisions of Section 201.05 of the "SSR & BC ", latest edition, shall be followed. 5. Not withstanding subsection C1 and C2, the Village Forester may allow removal of Key Trees and Significant Trees. Key Trees and Significant Trees so authorized for removal shall be replaced at the following ratio: a. Key Tree — shall be replaced with two (2) inches of caliper for every inch of removal. The minimum size for replacement trees shall be six (6) inches in caliper. b. Significant Tree — shall be replaced with two (2) inches of caliper for every inch of removal. The minimum size replacement trees shall be four (4) inches in caliper. All replacement trees shall be guaranteed for a period of three (3) years. A replacement plan shall be submitted to the Village Forester for review and approval prior to granting the requested relief. 6. In lieu of installing replacement tree(s), the developer, with the Village Forester's approval, may compensate the Village of Buffalo Grove with a cash payment at the required replacement value. The required replacement value shall be calculated using the following method; a. The Village will calculate the sum of inch diameter of Key Trees and Significant Trees removed multiplied by 2. b. The Village will obtain three (3) prices from local landscapers for the purchase and planting of the sum of inch diameter of Key Trees and Significant Trees removed multiplied by 2. C. The Village will invoice the developer for the calculated replacement value. d. The funds collected shall be allocated to the Village Tree Replacement Program and used solely for the purpose of H purchasing and planting new and replacement trees within the Village of Buffalo Grove. 7. In addition to all other enforcement and penalty Sections of this Title, the Village may issue a stop work order if construction practices are jeopardizing the viability of trees protected by the approved Tree Preservation Plan. Section 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication. This ordinance may be published in pamphlet form. AYES: 5 - Marienthal, Braiman, Berman, Johnson, Kahn NAYES: 0 - None ABSENT: 1 - Glover PASSED: July 16 , 2001 APPROVED: July 16 —52001 PUBLISHED: Julv 17 ATTEST: Village Clerk GAENGINEEMDEVORMDev Ord Rev 2000.doc 61 2001 APPROVED: — � 1� �. Village President