The language for the preservation and protection of conservancy areas may be outlined on the plat of subdivision and, if so, that language should be used. If not, language recognizing the special significance of the area and the requirement that it be protected from any impact should be stated. When a conservation or preservation area is impacted, bonds for repair or mitigation are required from the offender. A list of restoration requirements may be placed in an urban forest management plan or other supplemental document or in the penalties and fees component of the code.

The language for the preservation and protection of conservancy areas may be outlined on the plat of subdivision and, if so, that language should be used as a minimum with additional protections provided by the governmental entity. These protections would outline the prohibition of any adverse impact and may include language such as “it is prohibited that any structures (permanent or temporary) shall be placed in the conservancy areas and that the removal of trees, brush, plant materials, or coarse woody debris within these areas is prohibited unless prior approval is granted.” When a conservation or preservation area is impacted, bonds for repair or mitigation are required from the offender. A list of restoration requirements may be placed in a supplemental document or in the penalties and fees component of the code.

Examples:

No sodding, seeding, or grading, either excavation or filling or otherwise shall take place within a designated conservancy area. Buildings or structures, either permanent or temporary, shall not be placed within a conservancy area. The removal or addition of any trees, brush, plant material or coarse woody debris within these areas is prohibited unless prior approval is granted by the Environmental Services Supervisor.

It shall be unlawful for any persons to store yard wastes, including by not limited to grass clippings, compost piles, or firewood in any conservancy or buffer area.

Disturbed conservancy areas shall be immediately restored in accordance with the conservancy area restoration guidelines outlined in the Lincolnshire Village Code upon written request from the Village.

[Lincolnshire, IL]

The language for the preservation and protection of conservancy areas may be outlined on the plat of subdivision and, if so, that language should be used as a minimum with additional protections provided by the governmental entity. These protections would outline the prohibition of any adverse impact and may include language such as “it is prohibited that any structures (permanent or temporary) shall be placed in the conservancy areas and that the removal of trees, brush, plant materials, or coarse woody debris within these areas is prohibited unless prior approval is granted.” Additionally, requirements may be included for the conservation or preservation of the area (e.g., removal of invasive species), and when a conservation or preservation area is impacted, bonds for repair or mitigation are required from the impacting party. A list of restoration requirements may be placed in an urban forest management plan or other supplemental document including the penalties and fees components of the code.
Examples:

1.10 SPECIAL RULES FOR CONSERVANCY OR PRESERVATION AREAS

If a Conservancy or Preservation Area is impacted in any way, the following restitution shall be charged to the offender:

1. A cash bond (in addition to the Tree Permit Bond) is required for every one thousand square feet of Conservancy or Preservation Area as defined in the Fee Section of the Code.
2. The purpose of this deposit is to pay for restoration of the Conservancy or Preservation Area damaged directly or indirectly as a result of the impact. All restoration shall be in accordance with the Conservancy Area Restoration Guide contained in this Code.
3. Any maintenance made necessary as a result of impact, including but not limited to the removal of dead trees or preventative measures such as root pruning or crown reduction of existing trees.
4. Any expenses incurred by the governmental entity, as a result of the impact in administering or enforcing the provisions of this Code.
5. The Cash Bond will be refunded one year after the repairs have been made and all maintenance is completed.

[CRTI Gold Template]

Definition – 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.

13-1-9: Conservancy Areas

If a Conservancy Area is, or may be, affected by any development, as determined by the Village, the following shall apply:

1. Restoration of designated “Conservancy Areas” damaged, whether during development or after occupancy, shall comply with the minimum requirements outlined in Appendix “B” of this Chapter.
2. Deposit: A cash deposit (in addition to any Tree Removal cash deposit) is required for every one thousand (1000) square feet, or part thereof, of Conservancy Area impacted by development, as defined in the Comprehensive Fee Schedule Chapter 15 Title 1 of the Village Code.
3. Purpose of Deposit: The purpose of the deposit is to pay for:
   1. A guarantee of the restoration of Conservancy Areas damaged directly or indirectly as a result of development, in accordance with the “Conservancy Area Restoration Requirements” contained in Appendix B of this Chapter.
   2. Any maintenance made necessary as a result of development or restoration, including but not limited to the removal of dead trees or preventative measures such as root pruning or crown reduction of existing trees.
   3. Any expenses incurred by the Village, as a result of the development or restoration, in administering or enforcing the provisions of this Code.
4. Refunding of Deposit: Any remaining amount in the cash deposit will be refunded one year after the Certificate of Occupancy is issued or one year after the public improvements are accepted by the Village Board in cases where a Certificate of Occupancy is not to be issued as outlined in Section 13-1-3-D.
5. Maintenance Restrictions: No sodding, or grading, either excavation or filling shall take place within a designated conservancy area. Fences, building or structures, either permanent or temporary, shall not be placed within a conservancy area. It shall be unlawful for any persons to store yard waste in a conservancy area, including but not limited to grass clippings, compost piles, landscape brush or firewood. The removal or addition of any trees, brush or plant materials within a designated conservancy is prohibited unless prior approval is granted by the Village. Buckthorn is permitted to be removed from a conservancy area on a case by case basis at the discretion of Village Staff.

[Lincolnshire, IL]

Same as Recommended.

The governmental entity assigns points for each protected tree that is preserved on a site and subtracts points for each protected tree that is removed. Negative credit totals require mitigation through replacement or fee payment.

Examples:

Tree Preservation Credit. A credit of $150 per caliper inch will be applied towards a project’s tree mitigation fee for every healthy (fair to good) native tree preserved on site. Preservation credit shall be for the preservation of native Illinois trees only, or as determined by the Development Services Department. A Tree Preservation Credit shall never exceed the tree mitigation fee amount. Adherence to a Village approved Tree Preservation Plan shall be required for projects awarded tree preservation credit. A line item in the amount of the tree preservation credit will be applied to a project’s letter of credit, which will be reduced to zero after written verification from a Certified Arborist that the preserved tree(s) are still in good to fair condition at least one year after issuance of a project’s certificate of occupancy. Preservation credit shall not be applied towards any other fee other than tree mitigation fees.

[Orland Park, IL]

The governmental entity assigns points for each protected tree that is preserved on a site and subtracts points for each protected tree that is removed. Negative credit totals require mitigation through replacement or fee payment. Additionally, tree credits are proactively granted for the planting of trees that can be used against future removals.

Examples:13-1-14: Tree Planting Credit

1. The Village will award tree credits to property owners who proactively plant trees on their property. This tree credit may be used to off-set future tree replacements when trees are removed on the same parcel. Trees planted for credit will only be credited for future replacements and only those trees appropriately recorded by the Village may be used for credit.Following is the tree credit criteria:
2. Trees shall have a replacement value equal to the Equivalent Value described in Section 13-1-4-E.
3. Trees to be planted on the property must be a minimum of 2.5” in DBH or if clump or coniferous variety shall be a minimum planting height of 8 feet at the time of planting.
4. Tree species must be selected for appropriate locations to support their growth and development.
5. Trees planted for credit shall be verified by the Village.
6. Credit will only be given for tree planting if:
   1. The tree is tagged and verified on the property within the year it was planted.
   2. The tree is the minimum required size at time of verification.
   3. The tree species is appropriate for its location.
   4. The tree is of good form and health at the time of tree removal for which the owner applies for replacement credit.
7. Village Staff shall tag the tree and record the date, tree planting location and tree number on the property survey. A property tree credit record shall be maintained in the property file for future reference.
8. When a tree replacement is required, the property owner shall request that the Village verify credit plantings from the property file and on the property.
9. Trees, planted for credit, must be in good form and health at the time of replacement credit. Trees in poor condition or form will not be credited.
10. The Village shall field verify for growth and the size. The DBH at time of replacement shall be the credit applied.
11. A tree credit will only be given once for each individual tree planted regardless of its size. For example: Two Appendix A credit trees are planted at 3” DBH. Within a year’s time the trees are 5” in DBH each. That same year the property owner wishes to remove another Appendix A tree that is 8” in DBH. The two credit trees are valued at 10” and the tree to be removed is valued at 8”. The two credit trees will be used as replacement for the 8” removal. No further credit will be given for the two credit trees.

[Lincolnshire, IL]

The ordinance establishes a nomination program that allows property owners to submit trees on their property to be designated as legacy trees. Participation in the program is voluntary. Preserving and protecting legacy trees is encouraged, but not required.

Examples:

Nomination of each tree to be considered for legacy tree designation may be made by any resident of the City of Urbana, including an individual member of the Urbana Tree Commission. Any tree located on a property owner’s property may be nominated. The nominator shall submit a completed nomination form to the city arborist. In the case of any property owner who is receiving or who has applied to receive financial or other assistance from the city in connection with the redevelopment of the property or demolition of any structure located on such property shall be deemed, by reason of such receipt or application, to authorize the city arborist to inspect the trees located on such property in order to determine whether any tree located thereon qualifies for legacy tree status.

The property owner of the property for which redevelopment or demolition assistance is being received or for which such assistance has been sought shall be encouraged to cooperate with the city’s efforts to preserve and protect those trees located on the said property which would otherwise qualify for legacy tree status. On receiving a nomination, the city arborist shall contact, in writing, the property owner on which the nominated tree is located to inform the said property owner of the nomination and request the property owner’s consent to evaluate and potentially designate the property owner’s tree as a legacy tree. If the nominated tree is on property owned by the City of Urbana, the city arborist shall inform the director of public works of the nomination and request consent from the said director to evaluate and potentially designate the tree as a legacy tree. If the nominated tree is on property owned by the Urbana Park District, the city arborist shall inform the Urbana Park District’s director of the nomination and request consent from the said director to evaluate and potentially designate the tree as a legacy tree. If the city arborist identifies a tree on property for which the owner has received or applied for redevelopment or demolition financial or other assistance from the city, the city arborist shall notify the said property owner that one (1) or more trees on the said owner’s property may qualify for designation as a legacy tree.

Such property owners will be encouraged to include the preservation of legacy tree candidates in their development plans. Any consent to participate in the Legacy Tree Program by a property owner shall be in writing and signed by the said property owner. If there is more than one (1) property owner on which the nominated tree is located, the written and signed consent of a majority of all property owners shall be required. In the event that a person purchases property on which one (1) or more trees have been accorded legacy tree status, such status shall continue unless the new property owner requests to de-list the one (1) or more trees as legacy trees as provided in section 25-72 or section 25-73 of this article. Participation in the program is voluntary.

Prior to the execution of any written request for consent, the city arborist shall provide a written notice in the form of a brochure or other writing to the property owner on which the nominated tree is located which explains:

(1) The benefits available to the property owner should such nominated tree be designated as a legacy tree;

(2) The process for the voluntary “designation” and “de-listing” of a legacy tree (as hereinafter set forth);

(3) Any recommended best practices to ensure long-term health of designated legacy trees;

(4) Any detriments which might occur from following voluntary tree care best practices; and

(5) Any detriments which might reasonably be expected to arise in connection with a tree being designated as a legacy tree.

In the event, after the provision of the aforesaid written notice, the property owner elects not to sign the consent form, the legacy tree nomination process shall cease and no further action regarding that tree shall be undertaken during the next twelve (12) consecutive months.

[Urbana, IL]

Any tree meeting a minimum qualification (e.g., size) is considered a legacy or heritage tree and is afforded additional or enhanced protection. In some communities, a heritage tree classification based on size is the determining factor for whether a private property tree is granted a permit for removal.
Examples:

Definition – Heritage Tree means any healthy tree that is twenty-four inches (24″) in diameter, or greater, measured 4′ from the ground, from any lot, developed or undeveloped.

[Orland Park, IL]

Definition – 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.

13-1-4: E. Equivalent Value: Differing species and sizes of trees shall have a valuation based upon the Appendix “A” tree replacement fee.

• Appendix “A” trees are calculated at 100% value.
• Heritage Trees are calculated at 200% value.
• Non-appendix “A” trees are valued at 1/3, or 33.3% of appendix “A” values.
• Multi-stem and coniferous trees are valued according to the tree conversion chart, Appendix “C” of this Chapter.

13-1-6 D. Tree removal related to development. Property development and improvements shall be designed in a manner which maintains existing significant trees wherever possible. The Village shall encourage roads, utilities, driveways, principle structures, and detached amenities to be placed as to reduce impact to viable mature trees. Development-related tree removals may be permitted only in compliance with the following conditions:

1. Cash deposits shall be provided to the Village in accordance with the calculations provided in this chapter.
2. Tree replacement plan shall be provided to the Village for review and approval. Replacement plan shall indicate the proposed location, species, and size of all proposed and existing trees. Replacement plan may be superimposed over approved tree preservation plan.
3. Unattached amenities – No tree may be removed for the purpose of installing or erecting an unattached amenity if the total area of existing and proposed unattached amenities exceeds 10% of the entire rear yard. No Heritage Tree may be removed for the purpose of installing or erecting an unattached amenity.
4. Rear Yard – A single open space area in the rear yard may be created for each Single Family Residential home site, provided the area to be cleared does not exceed 10% of the entire rear yard. No Heritage Tree may be removed solely for creation of an open space area.
5. Non-Single Family Residential sites with an approved landscape plan may be required to revise their entire plan if the proposed development causes tree removal exceeding 25% of the existing trees.
6. Any proposed removal of four or more Heritage Trees from a single parcel will require prior approval from the Village.

[Lincolnshire, IL]

All trees within the community on public or private property that meet specific criteria are protected through the code and provided additional or enhanced protection, including increased fines and penalties for their removal or adverse impact.

Consideration should be given to the composition of the forest and an attempt made to expand diversity as much as possible. When planting, a rule of thumb to aspire to is not more than 5% of any one species, 10% of any one genus, and 15% of any one family. This suggestion may not apply to parks, conservancy, or nature preservation areas with conservation or restoration objectives, in which planting a specific suite of species is the priority.

When selecting species for new plantings and replacement plantings, a governmental entity should strive to achieve plantings of not more than 5% of any one species, 10% of any one genus, and 15% of any one family. It is understood that it will take decades to expand species diversity throughout the community, but with a concerted effort and care in selecting broader species diversity in the community, the result will be a more resilient forest that is less likely to experience catastrophic loss. This suggestion may not apply to parks, conservancy, or nature preservation areas with conservation or restoration objectives, in which planting a specific suite of species is the priority.

When selecting species for new plantings and replacement plantings, a governmental entity should strive to achieve tree populations of not more than 5% of any one species, 10% of any one genus, and 15% of any one family. It is understood that it will take decades to expand species diversity throughout the community, but with a concerted effort and care in selecting broader species diversity in the community, the result will be a more resilient forest that is less likely to experience catastrophic loss. In addition to species diversity, the forest should be managed for age diversity. Use of a tree inventory will advise which trees need age stratification within a particular species and within a particular area so that a healthy forest continues. Other topics may be considered such as tree allergens, pollen-control ordinances that look to limit the most problematic clonal male trees and build female tree populations to reduce pollen issues; and long-term climate change goals. These guidelines may not apply to parks, conservancy, or nature preservation areas with conservation or restoration   objectives, in which a specific suite of species is the priority.

Same as Recommended.

The ordinance requires a percentage of canopy coverage for certain zoning districts and requires replacement trees where there is net canopy loss.

Examples:

1. This subsection applies to properties in the following zoning districts: R-85, R-60 and R-50.
2. For properties that require a land disturbance permit or where impervious area is increased, no less than 75% of the existing tree canopy cover from trees in fair or better-rated condition shall be conserved. All tree canopy from Landmark trees (Sec. 9.1.15) shall be conserved. Planting of replacement trees is required to maintain no net loss of tree canopy, including at least one tree planted in the front yard of the property or in an adjacent public right-of-way.
3. If replacement trees are required, a minimum of 50% of the property’s tree canopy cover replacement must be accommodated on site, including adjacent public rights-of-way. At least one large canopy tree shall be planted in the front yard of the property or in the adjacent public right-of-way. The remaining 50% may be satisfied by a combination of replacement trees planted on City-owned property or in public rights-of-way, the installation of on-site green infrastructure, the installation of rooftop solar photovoltaic panels (PV), or, upon submission of an affidavit from the property owner attesting that other options have been explored but are infeasible due to site conditions, a payment in lieu fee made to the tree bank.
4. A minimum amount of 60% tree canopy cover from trees in fair or better-rated condition shall be required on single-family residential properties.

[Decatur, GA]

Tree Canopy Coverage. Tree canopy coverage requirements must be met through tree plantings located within perimeter yards (Section 11.05.B (Parking Lot Perimeter Landscape)) and interior landscape islands (Section 11.05.C (Parking Lot Interior Landscape Islands)) such that shade canopy is provided for a minimum of 40 percent of the parking area hardscape, including all parking spaces, travel lanes, and other impervious areas not exempted by this Section. Refer to Figure 11.05.1 Tree Canopy Coverage.

[Montgomery, IL]

Same as Recommended.

Same as Recommended.

Outside of the ordinance, it is recommended that the goals of improving your community’s canopy and protecting existing trees be embedded into a comprehensive plan. Your community may decide to set specific goals such as a certain percentage of canopy coverage for your community. In the ordinance, this plan is referenced in tree preservation regulations as a guiding force to accept or reject certain permits for tree removals. If trees are included in a comprehensive plan, it can help justify the ordinance, especially if the ordinance is ever challenged.

Examples:

Trees in particular make a significant contribution to both air quality and neighborhood quality of life. In Chapter 13 as well as Chapter 8: Parks & Recreation Areas, the ongoing public and private commitment to Evanston’s extensive tree population is recognized as essential for the future. The continued aggressive implementation of street tree programs is a vital measure for maintaining the quality of Evanston neighborhoods.

[Evanston, IL Comprehensive Plan]

The Village of Bannockburn has been recognized as a Tree City USA member by the National Arbor Day Foundation for over twenty years and plans to continue its tree planting ways (See Photo 4). The trees in the Village provide many social and economic benefits, often overlooked. According to the USDA Forest Service2 , some benefits of our trees include helping cool temperatures in the summer, improve real estate values, reduce stormwater runoff, improve air quality, attract wildlife to the area, attract shoppers to commercial areas, and contribute to a sense of community pride. These social and economic benefits are the reasons the Village of Bannockburn is a desirable place to live and why it has been committed to the care and maintenance of its trees.

[Bannockburn, IL Comprehensive Plan]

Same as Recommended.

Cash bonds are collected from the developer after trees have been impacted or at permit issuance. Bond amounts are equivalent to the cost of the mitigation that must be completed (e.g., cost of replanting per the replacement requirement). If the mitigation is successful, the bond is released. If required mitigation is not undertaken or is unsuccessful, the governmental entity uses the retained bond to complete the mitigation or plant new trees on public property.

Examples:

Cash deposits, when required by this Code, shall be provided to the Village prior to issuance of any tree removal. Deposit will be held in a Village account and accounted for until such time as it is eligible for return or forfeiture.

[Lincolnshire, IL, 13-1-7]

A.  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.

[La Grange Park, IL]

Cash bonds are collected for tree protection, tree removal, and replanting. Bonds are equivalent to the value of the tree(s) removed and the value of the mitigation that must be completed (e.g., cost of replanting per the replacement requirement). Bonds may be required for a tree to be protected during construction activities for the establishment period (established as a set number of years) to ensure they are unharmed by the process. In addition to bonds ensuring that required mitigation is completed, some communities require bonds for damaged trees. If the damaged tree dies within a certain time period, the bond is retained by the governmental entity. If the tree recovers and survives the damage, the bond may be released.

Examples:

13-1-7: CASH DEPOSITS

Cash deposits, when required by this Code, shall be provided to the Village prior to issuance of any tree removal. Deposit will be held in a Village account and accounted for until such time as it is eligible for return or forfeiture.

1. Cash deposits for tree removals shall be calculated at 100% of Equivalent Value.
   1. Cash deposits shall be held until replacement trees are planted and subsequently inspected and approved by the Village.
   2. Replacement trees shall be installed, inspected, and approved prior to issuance of Final Certificate of Occupancy, or expiration of building permit.
2. Cash deposits for impacted trees shall be calculated at 50% of Equivalent Value.
   1. Cash deposits shall be held for a period of five years after completion of associated construction or date of impact.
   2. Village shall inspect impacted trees at the end of the five year period, and return deposit if it is determined by Staff the tree remains viable.
   3. If at any time during the five year period the tree becomes non-viable, as determined by the Village, for reasons caused by the development impact, the remaining 50% of the Equivalent Value shall be deposited with the Village within 30 days of notification from the Village.
   4. If at any time during the five year period the subject property is sold, the remaining 50% of the Equivalent Value shall be deposited with the Village prior to sale of the property transfer stamp.
3. Deposits which are determined to be ineligible for return after the prescribed period of time will be forfeited to the Village’s Tree Bank.
4. Village Use of Tree Bank Funds: When the total amount of required replacements cannot be installed, or are not installed and approved before the Code prescribed completion date, Equivalent Value of trees not planted will be forfeited to the Village Tree Bank. The Village may use the forfeited funds to perform unrelated removals and replacements throughout the community.
5. Cash deposits for removals requiring replacement on non-Single Family Residential sites shall be calculated at the equivalent value of the proposed replacement.

[Lincolnshire, IL]

A cash bond or letter of credit in the amount of two hundred dollars ($200.00) per inch of dbh of each replacement tree which cash bond or letter of credit shall be refunded to the applicant twenty four (24) months after each replacement tree is planted if the Village Forester certifies that such replacement tree is healthy and that there are no uncured violations of the provisions of this article as to the property.

In addition, the applicant shall guarantee the protection of all existing tree(s) within the tree preservation area not approved for removal by depositing a cash bond of two thousand dollars ($2,000.00). The cash bond shall be retained for a reasonable period of time following the completion of the building project, not to exceed one year. The cash bond is to be released upon the satisfaction of the Village Forester that the tree(s) to be preserved have not been endangered. The cash bond shall be forfeited as a penalty for any unauthorized removal or destruction of any protected tree.

[North Barrington, IL

Cash bonds are collected for tree protection, tree removal, and replanting. Bonds are equivalent to the value of the tree(s) removed and the value of the mitigation that must be completed (e.g., cost of replanting per the replacement requirement). Cash bonds associated with replacement trees cannot be released until after final inspection by an arborist after the establishment period of the trees (at least three years). Bonds may be required for a tree to be protected during construction activities for a number of years to ensure they are unharmed by the process. In addition to bonds ensuring that required mitigation is completed, some communities require bonds for damaged trees. If the damaged tree dies within a certain time period, the bond is retained by the governmental entity. If the tree recovers and survives the damage, the bond may be released. It can take up to 60 months (5 years) for trees damaged during construction to show signs of decline.

Examples:

B. 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.

[La Grange Park, IL]

Same as Recommended.

Inspection is required for any collected bonds to be released. Completed work must be approved prior to the payment for services or release of any bonds.

Examples:

Final approval shall be issued when all relocation, replacement or remediation of trees is completed and a final inspection has been conducted by the village. Should the village determine that the season is inappropriate for planting, then relocation or replacement shall be deferred until the next planting season. All bonds and fees will remain in the custody of the village until final inspection and approval has been provided in writing.

[La Grange Park, IL]

Tree and soil assessments are included in the final inspection needed for the cash bonds to be returned to the applicant.   Site conditions should at minimum show improvement from disturbance and   be quantified by a certified arborist, environmental scientists, or other environmental consultant.

Examples:

Site development permits.

1. A filing fee as established in the annual fee ordinance shall accompany each site development permit application.
2. An inspection fee, equal to a percentage of the estimated costs of the erosion/sedimentation control measures to be implemented, as established in the annual fee ordinance, shall be paid to the village prior to issuance of the site development permit.
3. The applicant shall file a performance guaranty in the form of a cash bond or other security deemed adequate by the village attorney, in such amount as is reasonably determined by the village engineer, sufficient to pay all costs of:
   1. Soil erosion control, tree protection and landscaping installation and maintenance for such period as specified by the village engineer, which period shall be of a duration reasonably calculated to determine that harmful erosion and tree destruction are not occurring on the site; and
   2. Village engineering, administration and inspection necessitated by failure or repair required of tree protection measures installed on the site and/or failure to comply with tree preservation and protection techniques established in owner-developer’s tree preservation plan.

[Libertyville, IL]

1.19 FINAL INSPECTION

Final approval shall be issued when all relocation, replacement or remediation of trees is completed and a final inspection has been conducted by the Governmental Entity. Should the Governmental Entity determine that the season is inappropriate for planting then relocation or replacement shall be deferred until the next planting season. All bonds and fees will remain in the custody of the Governmental Entity until final inspection and approval has been provided in writing.

[CRTI Gold Template]

The ordinance provides for easy-to-read materials for successful permit applications such as a manual, a checklist, or application template.

Examples:

The City of Geneva provides a comprehensive Tree Preservation Application located here.

The Village of Wilmette Provides a summary of key components of the Tree Preservation Policy in plain language located here.

The ordinance provides for easy-to-read materials for successful permit applications such as a manual, a checklist, or application template. It includes requirements for the governmental entity to educate the private landowners and stakeholders about updates to the code.

Example:

Within one year of adoption of this Section, the City Arborist shall hold two (2) public information meetings to disseminate information regarding compliance with this Section for tree care companies, property owners and managers, and residents. Thereafter, an annual public information meeting shall be held, providing the public with information on best compliance practices and recent developments under this Section.

[Decatur, Georgia]

The ordinance provides for easy-to-read materials for successful permit applications such as a manual, a checklist, or application template. It includes requirements for the governmental entity to educate the private landowners and stakeholders about updates to the code. The ordinance includes extra requirements that help educate other personnel involved in the project. In the examples below, one community requires that signage be placed in the tree protection zones. The other community requires that the developer designate one person as the landscape protection supervisor, who must take a class on the landscape protection guidelines provided by the governmental entity. This person must be on-site at all times.

Examples:

Signs posted in the tree protection zones:

Signs shall be installed on the protective fence visible on all sides of the fenced-in area (minimum one on each side and/or every 300 linear feet). The size of each sign must be a minimum of one foot by 1.5 feet and shall contain the following bilingual text in both English and Spanish: “TREE PROTECTION ZONE: KEEP OUT.”

[Greenville, SC]

On-site supervision. For all development other than that related to single-family and two-family dwellings on individual zoning lots, the following on-site supervision is required:

i. The applicant shall designate as landscape protection supervisors one or more persons who have completed instruction in landscape protection procedures with the town.

ii. It shall be the duty of the landscape protection supervisor to ensure the protection of new or existing landscape elements, as defined in the landscape protection plan. The approved landscape protection supervisor shall supervise all site work to assure that development activity conforms to provisions of the approved landscape protection plan. At least one (1) identified landscape protection supervisor shall be present on the development site at all times when activity that could damage or disturb soil and adjacent landscape elements occurs such as:

• Clearing and grubbing;
• Any excavation, grading, trenching or moving of soil;
• Removal, installation, or maintenance of all landscape elements and landscape protection devices; or
• Delivery, transporting, and placement of construction materials and equipment on site.

[Chapel Hill, NC]

Same as Recommended.

Conservation design is required in the ordinance.

Examples:

16.76.090 CONSERVATION DESIGN REQUIREMENTS.

In addition to the other requirements of this chapter, subdivisions that trigger and subdivisions that voluntarily choose conservation design shall comply with the following standards.

1. General Requirements.
   1. The proposed development shall be designed to fit the topography, physical features, and soil conditions of the subject site. More specifically, conservation design shall preserve natural drainage patterns, stabilize soils during construction, preserve native vegetation, and protect, enhance, and maintain natural resources.
   2. It is recommended that the applicant undertake the optional pre-application conference and present a concept plan that identifies all natural resources, conservation areas, open space areas, and physical features, as referenced in § 16.76.030 (Conservation Design Triggers). To the maximum extent practical, these features shall be preserved as open space and protected from negative impacts generated as a result of the development or other land disturbing activities.
   3. Building sites shall be located to take advantage of open space and scenic views. Lots shall be designed to facilitate the access within neighborhoods and to open space and conservation areas.
   4. The street network shall be designed to minimize encroachment into natural resources, conservation areas, open space areas, and physical features, as identified in § 16.76.030 (Conservation Design Triggers), and to take advantage of open space vistas.
   5. Earth grading shall be minimized. The subdivider is required to submit a site plan that delineates where soils will not be disturbed as the result of earthwork, grading, or other construction activities.
2. Open Space Requirement.
   1. Qualifying Open Space. The minimum requirement for open space, as required by conservation design standards, shall be maintained in common open space. Qualifying open space shall be generally maintained in an undeveloped state. Qualifying open space includes, but is not limited to, the following:
      1. Woods and savannas.
      2. Wetlands and wetland buffers.
      3. Streams, waterways, lakes, and ponds.
      4. Prairies and grasslands.
      5. Floodplains and flood prone areas, provided that they are maintained as other qualifying open space types on this list.
      6. Naturally landscaped areas.
      7. Walking, bicycle, or equestrian trails.
      8. Naturally landscaped stormwater detention and drainage facilities.
      9.  Areas utilized for installation of water wells, spray irrigation of treated wastewater, excluding treatment and associated wastewater storage facilities, and on-site wastewater treatment systems, excluding septic tanks or other pretreatment devices and lift stations, provided that they are maintained as other qualifying open space types on this list.
      10. Areas of greater than twelve percent (12%) slope.
      11. Pasture and agricultural cropland areas, orchards, community gardens, apiaries, and hen houses.
      12. Manicured turf grass areas such as those on golf courses, playgrounds, and recreational fields, which are limited to ten percent (10%) of the total area of required open space.Qualifying areas do not include parkways, landscape islands, sign easements, berms, or similar installed landscape features. In addition, roads, driveways, parking lots, and rights-of-way do not count towards fulfilling open space requirements. The required perimeter buffer yard may be counted if it is comprised of the resources to be protected as identified in § 16.76.030 (Conservation Design Triggers).
   2. Open Space Standards.
      1. Where feasible, degraded remnant natural areas shall be restored to a natural state that will require only routine ecologic management.
      2. The layout of the development shall be designed to minimize any negative impacts to abutting land with significant natural areas and resources. Buffers shall be provided against natural areas on adjacent properties, and existing wildlife corridors and sensitive ecosystems preserved.
      3. Open space shall be preserved in large contiguous areas.
      4. The open space shall be designed to facilitate easy access from all streets and neighborhoods within the development. Open space shall be interconnected with greenways and, if applicable, trail systems both within the development site and connecting to adjacent subdivisions and to local and regional trails.
      5. Open space shall be dedicated as common open space to be jointly owned by a qualified governmental body, conservation agency, homeowners association, or property owners association.
      6. Required open space areas cannot be enclosed with man-made fencing, with the exception of areas containing natural or cultural features that require special protection and agricultural and equestrian pastures and trails.
      7. Required open space areas shall be maintained in perpetuity.
      8. Required open space areas cannot be improved with any structures or other development. However, the County may approve certain structures that will not negatively impact the natural and open space areas. These exceptions include, but are not limited to, picnic shelters, viewing stands, interpretive signs, and benches. These structures shall be compatible with open space uses. A sign easement may be located in an open space area, however areas dedicated for sign easements are not included in the calculation of required open space. Agricultural exempt structures are allowed in open space areas that are utilized for agricultural purposes; however, areas used by agricultural exempt structures as well as substantially disturbed areas located adjacent or between agricultural exempt structures are not included in the calculation of required open space.
      9. Permanent boundary signs shall be installed to delineate open space from private property. Placement of signs shall be determined at preliminary plat stage.
   3. Perimeter Buffer Yard. A minimum fifty-foot (50′) width perimeter buffer yard, designated as an outlot(s), shall be maintained around the exterior of the development on all sides. The buffer is measured from the road right-of-way or adjacent exterior property line of the development, as appropriate. This buffer shall be designed to screen new housing or incompatible development, preserve scenic views, or otherwise enhance the landscape as seen from existing perimeter roads. A trail or sidewalk may be constructed within the perimeter buffer. Landscaped berms and entrance signs are allowed in buffers, and roads may cross the buffer.

[McHenry County, IL]

Same as Recommended.

Same as Recommended.

The ordinance allows for the purchase of development rights and establishes a conservation easement program.

Examples:

Any property owner who desires to voluntarily protect a tree or stands of trees on their property may contact the village for assistance with the preparation of a conservation easement, in accordance with the terms of this chapter.

[Libertyville, IL]

Same as Recommended.