Same as Recommended.

The tree board or group serves in advisory function only and may include a directive of citizen-based tree advocacy or volunteerism.

Examples:

1.15 TREE BOARD

1. Establishment
   The Governmental Entity hereby establishes a Tree Board which shall be a recommending body to provide assistance, direction and expertise to the Governmental Entity regarding the preservation, planting, management and protection of trees. The Tree Board shall utilize the urban forest management plan for guidance on urban forestry issues.
2. Membership
   1. The Tree Board shall consist of seven members and one alternate member who shall be appointed by the Mayor, subject to approval of the Governmental Entity Board. It is recommended that individuals within the community who have expertise in horticulture, forestry, planning or related fields be sought as members of the Tree Board. At least one member of the Tree Board shall be a certified arborist. The Mayor shall designate one of the members to act as chairman of the Tree Board, subject to the approval of the Governmental Entity Board. A member of the Governmental Entity Board shall be assigned to be an ex officio member of said Tree Board without the power to vote. The one alternate member shall attend and participate in all meetings of the Tree Board, but shall only vote in the event one or more of the full members is absent. All members of the Tree Board shall be property owners [within] the Governmental Entity, unless no certified arborist is a property owner within the Governmental Entity.
   2. The appointed members shall serve for a period of three years [staggered to maintain continuity within the board]. An alternate member shall be appointed for a term of one year. If a vacancy shall occur in the full membership, the alternate member shall be appointed to fill such vacancy. Vacancies in full and alternate membership shall be filled in the same manner as original appointments. The Tree Board members shall serve without compensation.
3. Procedures
   1. The Tree Board shall meet and adopt, change or alter, rules and regulations of organization and procedure consistent with Governmental Entity ordinances and Illinois State laws. The Tree Board shall keep written records of its proceedings which shall be open at all times to public inspection. The Tree Board shall file an annual report to the Governmental Entity Board setting forth its past-year activities and recommendations for future action by the Governmental Entity.
4. Powers and Duties
   The Tree Board shall have the following powers and duties […]:
   1. To provide guidance on the preservation, care, management and protection of trees within the Governmental Entity in accordance with Urban Forest Management Plan.
   2. To prepare and recommend to the Governmental Entity Board from time to time recommendations for specific improvements of the preservation, care, management and protection of trees within the Governmental Entity.
   3. To recommend rules and regulations to the Governmental Entity Board for budget, plans, projects and schedules regarding the preservation, care, management and protection of trees within the Governmental Entity.
   4. To review the Governmental Entity Urban Forest Management Plan and provide recommendations for improvements to the Governmental Entity Board.
   5. To work collaboratively with Governmental Entity forestry staff to support the Governmental Entity ordinances and Urban Forest Management Plan.
   6. Manage and administer all plans, programs, projects and tasks delegated to it by the Governmental Entity Board as authorized and directed by the Governmental Entity Board.
   7. The Tree Board shall hear any requests for appeal [from enforcement decisions related to] this Code and make recommendations to be forwarded to the Governmental Entity for a final decision.
5. Salaries and Employees
   The Tree Board may, with the review and approval of the Governmental Entity Board, employ necessary help whose salaries, wages and other necessary expenses shall be established by the Governmental Entity Board and provided for by adequate appropriation made by the Governmental Entity Board from the public funds. Staff and resource needs shall be included in the Forest management plan.

[CRTI Silver Ordinance Template]

The board works in conjunction with municipal staff or as a regulatory body that directs municipal action to set goals and assess and regulate tree-related issues.

Examples:

DIVISION 2. – TREE COMMISSION [2]

Sec. 25-33. – Establishment.

The tree commission is hereby established.

(Ord. No. 7677-24, § IV, 8-16-76)

Sec. 25-34. – Composition.

The tree commission shall be composed of ten (10) commissioners. Seven (7) commissioners shall be appointed by the mayor with the approval of the council. These seven (7) commissioners, of which four (4) shall be selected on the basis of their expertise in a field related to plants and trees, and the remaining three (3) who shall be knowledgeable in other areas to provide additional perspectives, shall serve without pay and shall reside within the city. The remaining three (3) commissioners shall be ex officio and shall not vote. The three (3) ex officio commissioners shall be: the director of public works, the director of parks and recreation of the park district or his/her representative, and the arborist.

(Ord. No. 7677-24, § IV, 8-16-76; Ord. No. 8889-24, 10-3-88; Ord. No. 8889-39, 12-19-88)

Sec. 25-35. – Terms.

Except as otherwise provided in this section, each commissioner of the tree commission shall serve for a term of three (3) years. Any commissioner initially appointed to the tree commission who is not an ex officio member shall serve for such term as is appropriate to stagger the terms of office of the seven (7) commissioners who are not ex officio members shall that the terms of office of any two (2) such commissioners shall expire in one year, the terms of office of any two (2) such other commissioners shall expire in the next subsequent year and the terms of office of the remaining three (3) such commissioners shall expire in the year thereafter.

(Ord. No. 7677-24, § IV, 8-16-76; Ord. No. 8889-24, 10-3-88)

Sec. 25-36. – Expiration of terms; filling of vacancies; removal of members.

The length of the term of a commissioner appointed prior to July 1, 1976, shall be measured as if the commissioner had been appointed on July 1, 1976. After July 1, 1976, the length of time between the date of appointment of any commissioner and the next July first, shall be calculated as one year of the term of the commissioner so appointed. Within thirty (30) days following the expiration of the term of any appointed commissioner, a successor shall be appointed by the mayor with the approval of the council, and the successor shall serve for a term of three (3) years. Should any commissioner resign or be removed from the tree commission, a successor shall be appointed by the mayor and shall serve for the unexpired period of the vacated term. A member of the tree commission may be removed by the mayor with the approval of a majority of council for good cause.

(Ord. No. 7677-24, § IV, 8-16-76)

Sec. 25-37. – Chairperson.

The mayor shall designate the chairperson of the tree commission.

(Ord. No. 7677-24, § IV, 8-16-76)

Sec. 25-38. – Functions and duties generally.

The functions and duties of the tree commission are limited to those set forth in this article, and as set forth in any other duly enacted ordinance. Nothing in this article shall be construed as vesting legislative discretion or power in the tree commission.

(Ord. No. 7677-24, § IV, 8-16-76)

Sec. 25-39. – Specific duties.
The tree commission shall perform the following duties:

1. Adoption of rules of procedure. Within a reasonable time after the appointment of the tree commission, upon call of the chairperson of the tree commission, the tree commission shall meet and adopt rules of procedure for whatever regular and special meetings are deemed by the tree commission to be advisable and necessary to the fulfillment of the duties imposed upon it by this article.
2. Advisement of arborist. The tree commission shall advise and consult the arborist on any matter pertaining to this article and to its enforcement. The topics under which this advice and consultation may be given may include, but are not limited to, any of the following:
   1. Amendments to this article and alterations or revisions to the arboricultural specification’s manual;
   2. Policy concerning selection, planting, maintenance and removal of trees, shrubs and other plants within the city;
   3. Allocation of funds to the arbor division, and expenditures of funds by the arbor division;
   4. Establishment of educational and informational programs whereby the public may be notified of any matters pertaining to this article and to the arboricultural specifications manual;
   5. Development of policies and procedures regarding the arborist’s duties;
   6. Issuance of permits required by this article.
   7. Development of a program for optimizing the tree, shrub and other plant resources within the city.
3. Hearing of disputes. The tree commission, upon the request of any person who disagrees with the decision of the arborist, shall hear all issues of the disputes which arise between the city arborist and any such person whenever those issues involve matters of the interpretation of the arboricultural specifications manual or of the interpretation or enforcement of this article, including disputes regarding the issuance of permits, or the concurrence or nonconcurrence of the arborist in permits required under other ordinances or laws, or the abatement of nuisances. The decision of a majority of the appointed members of the tree commission with regard to such dispute shall be binding upon the arborist. Nothing in this section shall be construed to limit the jurisdiction of any court of law with respect to such disputes.

(Ord. No. 7677-24, § IV, 8-16-76)

[Urbana, IL]

Plan shows a tree survey indicating one or more trees to be preserved and removed. The format of such will vary depending on the protection and preservation requirements outlined in your code and your governmental entity’s goals. Plan requirements may range from a hand-labeled map to a professionally produced survey. The degree of detail may be graduated based on the scale of the development project and acres of property affected.

Plan shows a survey of all trees located on the site within the impact area, including their species, size (DBH), and condition. The plan identifies the minimum protection zone for each tree (e.g., dripline) and the requirements to secure that protection zone (e.g., fencing specifications). The plan includes follow-up care for trees including a maintenance or a remediation plan for existing and newly planted trees.

Examples:

Procedures to Obtain a Tree Removal Permit for Single Family Homes and Existing Development.

1. All others requesting a tree removal permit shall fill out a tree removal permit application prescribed by the Development Services Department prior to its removal or relocation. The applicant shall provide the following information:
   1. Information on the type of tree and the size of the tree under consideration;
   2. Reason(s) for the tree(s) removal/relocation;
   3. Photograph(s) of the condition and location of the tree in question;
   4. At least one full scale photo of the tree(s) showing its surrounding environment. Any photographs supporting the reason(s) for relocation/removal should be included;
   5. A copy of the plat of survey for the property showing the location of the existing building(s) and outlining the location of the existing tree(s) in question. If the tree location/removal involves existing or proposed utilities, driveways, structures, easements or other pertinent site features, these should also be drawn in to scale. Plans may be drawn by property owners; and
   6. A description of the tree(s) to be planted to replace any removed trees.
2. Approval of a tree removal permit shall be granted only if the Development Services Department finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing trees and to otherwise enhance the aesthetic appearance of the development by the incorporation of trees in the design process. Relocation or replacement of trees may be required as a condition of approval in accordance with the criteria set forth in this Section. No tree removal shall take place until the issuance of a tree removal permit.
3. If the Development Services Department determines that the scope of the tree removal exceeds the provisions of this Section, the applicant must supply the information listed in Section 6-305.F.3.h Procedures to Obtain a Tree Removal Permit for New Development.

[Orland Hills, IL]

Plan shows a survey of all trees located on the site within the impact area, including their species, size, and condition. The plan identifies the minimum protection zone for each tree (e.g., dripline) and the requirements to secure that protection zone (e.g., fencing specifications) The plan must be prepared by a certified arborist, landscape architect, or qualified individual with experience in tree identification and evaluation. The plan includes follow-up care for trees including a maintenance or remediation plan for existing and newly planted trees.

Examples:

1.11 TREE PRESERVATION AND/OR REMOVAL PLAN FOR SIGNIFICANT REMOVALS, CONSTRUCTION AND/OR DEVELOPMENT

An applicant seeking a permit for significant tree removals or tree removal and/or planting related to construction and/or development shall submit three copies of a legible Tree Preservation Plan drawn to industry acceptable scales ranging between 1” = 20’ to 1” = 80’ and exhibiting the following information for the entire site (See Landscape Ordinance for more information.) All activities taking place shall be in compliance with the Urban Forest Management Plan:

1. Property address
2. Scale: 1 inch equals 20 feet for small individual property lot up to 1” = 80” for an entire subdivision
3. Plan Title: Tree Preservation Plan or Tree Preservation and Grading Plan or Tree Planting Plan or Tree Removal Plan,
4. Date,
5. Property line boundaries and easements,
6. Front, side and rear yard setbacks,
7. Existing and proposed driveways, walkways, patios and other impervious surfaces or structures
8. Existing and proposed building footprint,
9. Existing and proposed grades and drainage ways,
10. If required, tree inventory as outlined previously in this Section,
11. Location, size, species of all trees within fifteen feet of construction activity envelope on abutting properties and/or rights-of-way,
12. All trees to be removed, marked with an “X” or other denotation,
13. Tree Inventory Data Sheet: Identification number, species, and save/remove information for every tree located on the plan,
14. Tree size shall be identified as DBH, canopy spread and root zone,
15. Location of chain link tree preservation fencing. Fencing shall be placed as described in Tree Protection section of the Code.
16. Location of silt fencing (required to run parallel to the Tree Preservation requirements (root pruning, plywood access routes, mulching, etc.),
17. Location of equipment/supply storage and staging,
18. Required plan notes listed,
19. Identification of uses on adjacent properties, and
20. If grade is to change, existing and proposed elevations with contour lines at one foot intervals.

[CRTI Gold Ordinance Template]

Requires owners of trees (public and private property) to keep sidewalks clear to a height of e.g., 10 feet over sidewalks, 12 feet over streets, and 14 feet over truck routes. Requires owners of private trees to keep street signs and lights clear.

Examples: 

Sec. 18½-25. – Maintenance; responsibility of adjacent property owners.

The village is not responsible for the maintenance of trees growing on private property even where a portion of the tree overhangs the public right-of-way. Property owners who do not maintain their trees in accord with this article will be notified in writing of the problem and given a reasonable timeframe to correct the problem. If not corrected by the property owner within the specified timeframe the village may complete the work at the owner’s expense.

1. It shall be the duty and responsibility of every person owning or occupying any real property within the village to keep all trees on that property trimmed in such a manner that there is clearance of at least 14 feet above any street or alley, and a clearance of at least nine feet over any bike path or sidewalk.
2. It shall be the duty and responsibility of every person owning or occupying any real property within the village to keep all trees on that property trimmed in such a manner that they do not obstruct the view of any street sign or other traffic control device from the direction controlled by that device, or restrict sight distance at an intersection.
3. It shall be the duty and responsibility of every person owning or occupying any real property within the village to keep all trees on that property trimmed in such a manner that they do not pose a hazard to persons or property on adjacent parcels or right-of-way.

[Montgomery, IL]

Requires owners of trees (public and private property) to keep sidewalks clear to a height of e.g., 10 feet over sidewalks, 12 feet over streets, and 14 feet over truck routes. Requires owners of private trees to keep street signs and lights clear. May also describe spacing standards, corner setbacks, and mature size restrictions based on the size of the planting site and other site restrictions (e.g., no tall shade trees may be planted under overhead powerlines).

Same as Recommended.

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 the penalties and fees section 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 the penalties and fees section 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, 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 including the penalties and fees sections 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.

Gives authority to the governmental entity, based on specific criteria, to condemn a nuisance tree on public or private property in order to maintain public safety.

Examples:

1.12 NUISANCE TREES

A tree which is determined to be a nuisance tree is one which is dead or declining and has the potential to damage other trees, people, or structures. These trees may be located on public or private property.

1. It shall be the duty of the property owner on any parcel to promptly remove any trees which pose a risk.
2. Should the Governmental Entity notify the property owner, in writing, of a tree which is a potential risk, the property owner shall have thirty days to remove the tree. If after thirty days the property owner has not removed the tree then the Governmental Entity shall take action to have the tree removed and shall provide to the property owner a written invoice outlining all costs associated with the removal, including but not limited to staff time, materials and oversight of said removal. Should the property owner not reimburse the Governmental Entity within thirty days of issuance of a written invoice, the Governmental Entity shall place a lien on the property until all expenses related to the removal and subsequent lien are paid.
3. Infected, Infested Trees Due to a Pest or Pathogen Are Defined as a Nuisance
   1. Any tree which is in a state of irreparable or untreatable decline due to heavy infestation or disease is included in the definition of a nuisance. Infested or infected trees, which are identified by Federal or State Departments of Agriculture to be in quarantine or can potentially infect or infest other trees are defined as a nuisance. This would include but not be limited to Ash (Fraxinus) trees infested with emerald ash borer which are not being treated or whose treatment is ineffectual, or Elm trees (Ulmus) infected with Dutch elm disease.
      1. The Governmental Entity shall enforce State and Federal regulations governing quarantine zone boundaries, and regulated articles.
      2.  For the purposes of this Section, “Regulated Articles” are hereby defined as any insects at any living state of development, any quarantines materials such as wood products including, but not limited to chips, limbs, lumber, firewood or any other product or means of conveyance which may be determined by Federal or State departments of agriculture to pose a risk of spread of any infestation or infection.
      3. It shall be illegal to move out of established quarantine zone(s) regulated articles unless those articles have met all requirements of the local, Federal and State regulatory agencies.
      4. It shall be illegal for any person or entity to transfer from a quarantine zone into a non-quarantine zone including the Governmental Entity any regulated articles.
      5. Any person or entity found to be in violation of any local, State or Federal regulations related to tree infestations or infections shall be prosecuted to the full extent of the law.
      6. All contractors working within and near any quarantine zone(s) are required to comply with the quarantine regulations and supply records that may be required for inspection to the
      7. Governmental Entity, County, State or Federal agencies upon request.
   2. Trees in Decline or Dead Are Defined as a Nuisance
      1. Any tree or part of a tree which is dead which could potentially fall on a person or structure is defined as a nuisance.
      2. It shall be unlawful for any owner – of any lot or land in the Governmental Entity to permit or maintain on any such lot or land, any tree which is dead, or declining to the state where it may create a potential risk for structures or people. It shall be the duty of any such owner to promptly cause the removal of any such tree.

[CRTI Silver Ordinance Template]

Sec. 25-21. – Public nuisances.

1. Definition. The following are hereby declared public nuisances under this article:
   1. Any dead or dying tree, shrub or other plant, whether located on city-owned property or on private property;
   2. Any otherwise healthy tree, shrub or other plant, whether located on city-owned property or on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree, shrub or other plant;
   3. Any tree, shrub, other plant or portion thereof, whether located on city-owned property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public;
   4. Any tree, shrub or other plant or portion thereof whether located on city-owned property or on private property which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street light;
   5. Any tree, shrub or other plant or portion thereof whether located on city-owned property or on private property which dangerously obstructs the view in the “visibility triangle” as such may be determined by the city engineer pursuant to ordinance.
2. Abatement. The following are the prescribed means of abating public nuisances under this article;
   1. Any public nuisance under this article which is located on city-owned property shall be pruned, removed or otherwise treated by the arborist in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
   2. Any public nuisance under this article which is located on private property shall be pruned, removed or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be found guilty of violating this provision unless and until the following requirements of notice have been satisfied:
      1. The arborist shall cause a written notice to be sent by registered or certified mail to the owner of the property upon which the nuisance is found;
      2. Such notice shall describe with particularity the tree, shrub or other plant which has been declared to be a public nuisance;
      3. Such notice shall state with particularity the alternative actions that the property owner may undertake to abate the nuisance;
      4. Such notice will require the elimination of the nuisance within thirty (30) days after receipt of the notice by the property owner, however, upon a showing of good cause, such period may be extended for thirty (30) additional days by the arborist;
      5. Such notice shall set forth the procedures by which the property owner may be heard by the tree commission to protest the requirement that he/she act to abate the nuisance;
      6. If the property owner cannot be located following diligent inquiry by the arborist, such notice shall be served upon the occupant or person in charge of the property upon which the nuisance is located and shall be published in a newspaper of general circulation within the city at least once in each week for three (3) consecutive weeks but no action may be taken by the arborist under this section until thirty (30) days after the time of the first publication of such notice in a newspaper of general circulation. If the nuisance is not abated within thirty (30) days following receipt of notice by the property owner or within thirty (30) days following the initial publication of notice as required above, the arborist is authorized to cause the abatement of such nuisance, and the reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located, and the property owner of the property upon which the nuisance is located shall be subject to prosecution under section 25-25. Nothing in this provision shall be construed to exempt any person from the requirements of obtaining permits under section 25-18.
   3. The provisions of subsections (b)(1) and (b)(2) of this section notwithstanding, the arborist is hereby empowered to cause the immediate abatement of any public nuisance under this article, provided that the nuisance is declared by the arborist to threaten imminent and serious danger of injury or death to any person, and provided that the owner of the property on which the nuisance is located cannot be found through the diligent efforts of the arborist.
   4. The arborist is hereby empowered to seek from any court of competent jurisdiction an order directing the immediate abatement of any public nuisance under this article.

[Urbana, IL]

Same as Recommended.

Establishes a list of invasive species and a list of suggested alternatives. May establish penalties or required remediation for installing invasive plants. May provide educational resources to residents.

Establishes a list of invasive species and outlaws the installation of invasive species. May establish an invasive species management plan. Removes any permitting requirement for invasive species removal. May provide educational resources to residents.

Examples:

1.13 INVASIVE SPECIES CONTROL*

1. INVASIVE WOODY PLANTS – Invasive plants cause ecological disruption to natural ecosystems. The type of impact varies based on the species and the traits of that species. The Woody Invasive Species List is included in the Urban Forest Management Plan. These species shall not be planted and should be removed and controlled to reduce impacts to other vegetation.
   1. Typical impacts include:
      1. Chemical disturbance to the soil limiting development of other species;
      2. Dense plant growth limiting light to soil surface resulting in exposed soil allowing erosion;
   2. Displacement of naturally occurring species resulting in a monoculture of invasive species and aggressive tendencies.
   3. Private Property Owner Outreach
      The Governmental Entity shall have an implementation and outreach plan to educate property owners of the potential impacts and remediation strategies, including a suggested planting list of alternative species to assist property owners in dealing with the problem. This plan is located in the Urban Forest Management Plan.
2. INVASIVE DISEASES AND INSECTS
   1. Impacts to Trees Invasive diseases and insects can create significant stress to trees and in some instances kill trees. The Governmental Entity has developed a list of Invasive Diseases and Insects that pose significant threats to trees from information identified by State and Federal Departments of Agriculture. This list is included in the Urban Forest Management Plan.
   2. Invasive Species Management Plan Management of invasive diseases and insects is included in the Urban Forest Management Plan.
   3. Private Property Owner Outreach
      The Governmental Entity shall have an implementation and outreach plan to educate property owners of the potential impacts and remediation strategies to help property tree owners in dealing with pests or pathogens. This plan is located in the Urban Forest Management Plan.

[CRTI Silver Ordinance Template]

The governmental entity has a stated policy and actively works to manage invasive species on public property. The governmental entity provides educational opportunities for residents on the impacts and management of invasive species. They also provide assistance for removal of invasive species on private property, including connections with contractors, financial incentives for removal on private property, etc. Other variances may be given based on invasive removal.

Examples: 

An Ecological Consultation and approval from the Village Ecologist is required prior to applying for the Invasive Shrub Removal Program. Follow up planting (with native seed) may be required by the Village Ecologist after removing heavy infestations of invasive shrubs to help prevent them from returning.  In the attachments below you will find the Application and complete program summary. Please read all requirements carefully and complete the checklist before submitting your completed application. The Invasive Shrub Removal Program is a 50/50 cost-share program. The Village’s share limit is $4,000 and there is a $100 non-refundable application fee.

The intent of the Invasive Shrub Removal Program is to encourage applicants to remove invasive shrubs from their property thereby improving the ecological health by removing competition and increasing the opportunity for desirable native plants to grow and thrive. It requires an assessment by the Village Ecologist of the existing conditions and preparation of a plan that includes the general area where proposed work is to be performed. The applicant is required to hire a certified contractor to remove invasive shrubs per the plan created by the Village Ecologist. Note: This program does not apply to removal of dead shrubs.

All invasive shrubs on the subject property must be designated for removal in order to be eligible for the matching funds. For larger lots, the Village Ecologist may approve a phased approach that can be accomplished over more than one year. The work must also include a follow-up herbicide treatment to target resprouts. Resprouts must be treated at least two growing seasons (April 1- November 1) months following initial removal/stump herbiciding. If for example initial removal was conducted from November 1- April 1, the resprout treatment must be completed no sooner than June 1 of the following growing season.

After the application is submitted and approved by the Village, the applicant will receive a permit from the Village to proceed with the work as proposed in the application. After the invasive shrubs are removed/herbicided and second herbicide treatment applied to resprouts, notify and deliver a copy of the paid contractor invoice to the Village and the Village Ecologist will conduct a site visit to verify the work has been completed properly. The reimbursement request is then forwarded to the Village Board for approval and reimbursement can be expected in 1 to 3 months.

[Riverwoods, IL]

Trees are assessed using an established protocol (e.g., ANSI A300; training available through ISA’s Tree Risk Assessment Qualification (TRAQ)) for risk on an as needed basis. Trees that are found to be above the governmental entity’s established risk threshold are mitigated.

Trees are assessed using an established protocol (e.g., ANSI A300; ISA’s TRAQ) for risk on a routine and as needed basis, such as after extreme weather or during the regularly scheduled pruning process. Situations that are above the governmental entity’s established risk threshold are mitigated. See the CRTI’s Tree Risk Toolkit and Perdue Extensions bulletin on tree risk management for examples.

Governmental entity develops a full risk management plan for public trees.

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:

7. 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:

1. Trees shall have a replacement value equal to the Equivalent Value described in Section 13-1-4-E.
2. 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.
3. Tree species must be selected for appropriate locations to support their growth and development.
4. Trees planted for credit shall be verified by the Village.
5. 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.
6. 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.
7. 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.
8. 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.
9. The Village shall field verify for growth and the size. The DBH at time of replacement shall be the credit applied.
10. 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]

Same as Recommended.

A governmental entity would establish a Tree Bank to handle mitigation funds from tree violations, damages, or development impacts. These funds would be used to support tree replacement in the community.

Examples:

Tree bank

An account containing defaulted funds as a result of the inability to meet tree accountability requirements. These funds are to be utilized by the Village for planting and replanting of trees and hazardous or nuisance tree removals throughout the community.

[Lincolnshire, IL]

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 eligible for return or forfeiture.

…

• C. Deposits which are determined to be ineligible for return after the prescribed period of time will be forfeited to the Village’s Tree Bank.
• D. 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.

[Lincolnshire, IL]

Same as Recommended.

Cash bonds are collected for tree required mitigation efforts, such as replanting of trees. Bonds 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.

Cash bonds are collected for tree protection, tree removal, and replanting. Bonds are equivalent to the value of the tree 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 a number of years to ensure they are unharmed by the process. In addition to bonds ensuring required mitigation is completed, some communities require bonds for e.g., 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 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]

1.9 TREE REPLACEMENT

1. It is recommended, when possible, tree replacement species come from the Preferred Species List as provided in the Urban Forest Management Plan.
2. Any tree which is required to be removed or which has been damaged shall require a bond to be posted until adequate replacements or remediation can be made. The bond amount is identified in the Fine Section of the Code and in the Urban Forest Management Plan. Determination of extent of damage is at the sole discretion of the Governmental Entity.
3. Any tree species removed, 6” DBH or a group of trees whose combined DBH inches equals 6”, identified on the Preferred Species List, shall be replaced based on the calculation provided on the Preferred Species List with a species identified on that list as provided in the Urban Forest Management Plan. All tree replacements shall be spaced and sited appropriately by a certified arborist as provided in the Urban Forest Management Plan and as approved by the Governmental Entity.
4. When a tree removal is required as a result of any project, tree replacement shall occur within the landscape season. In the event of weather conditions or species specific needs, which prohibit proper replacement of a tree, the Governmental Entity may issue written notice of an extension of up to 180 days upon written request by the Applicant. If an extension is awarded to the Applicant, the Applicant shall notify the Governmental Entity when replacement is complete. If, after the 30 day or awarded 180-day extension, the tree is not replaced or the Applicant has not notified the Governmental Entity that installation is complete, all bonds shall be forfeited and the bond money shall be placed in the Tree Bank. Tree removal requirements, associated with a development project, can be found in the Development Section of the Code.

[CRTI Gold Ordinance Template]

Same as Recommended.

Inspection is required for any collected bonds to be released, and approval of any work completed prior to the payment for services or release of any bonds.

Inspection is required for any collected bonds to be released, and approval of any work completed prior to the payment for services or release of any bonds.

Examples:

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]

Same as Recommended.

Legacy and heritage trees are voluntarily submitted to be registered in a program (a program can be as simple as a list).

Examples:

A tree or group of trees can be designated for Legacy status by the Urbana Tree Commission if it/they meet one or more of the following standards

• Size: The tree is in the top one percent of tree sizes of its inventoried species in Urbana.
• Rarity: One of a kind tree due to species type, characteristic and/or a species of less than one percent of all inventoried trees in Urbana.
• Historic or Notable Event: There is a documented association with an historic event of 75 or more years ago and/or a more recent event of notable worth.
• Age: The tree is more than 100 years old, or a minimum of 75 years old when adjacent to a historically designated home.
• Special Ecological Value: The tree is shown to provide soil stabilization, an important genetic resource, or offers critical habitat for important plant or animal species.
• Location: The tree is considered of public value as a prominent visual focal point as viewed from public streets and right-of-ways.
• Aesthetics: The tree has a distinct or unusually appealing visual characteristic.
• Illinois or National Register of Big Trees: The tree is included in the Illinois or National register of Big Trees

[Urbana, IL]

See the City of Urbana’s voluntary Legacy Tree Program website for more information

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 needs 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. (Ord. 4434 – 12/1/08)

[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.

1. Appendix “A” trees are calculated at 100% value.
2. Heritage Trees are calculated at 200% value.
3. Non-appendix “A” trees are valued at 1/3, or 33.3% of appendix “A” values.
4. 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. These trees are protected through the code and provided additional or enhanced protection – including increased fines and penalties for their removal or adverse impact.

The government should provide resources.

Examples:

The Governmental Entity should provide education and outreach to private landowners on the need for species and age diversity, proper selection and planting practices, and how to select species for particular sites.

[CRTI Bronze Ordinance Template]

The government shall provide resources.

Examples:

The Governmental Entity shall provide education and outreach to private landowners on the need for species and age diversity, proper selection and planting practices, and how to select species for particular sites.

[CRTI Silver Ordinance Template]

The Governmental Entity shall have implementation and outreach plan to educate property owners of the potential impacts and remediation strategies, including a suggested planting list of alternative species to assist property owners in dealing with the problem. This plan is located in the Urban Forest Management Plan.

[CRTI Silver Ordinance Template]

The governmental entity shall provide information to landowners to support proper planting, care, and assessments of urban trees because all trees in the community are considered community infrastructure. Education should encourage the use of professional arborists, need for species diversity, increased awareness and management of existing and potential invasive species (plants, pets and pathogens), proper planting and care, and permit requirements.

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.

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 tens of years to expand species diversity community-wide, but with a concerted effort and care in selecting broader species diversity in the community, the result will be a a more resilient forest that is less likely to experience catastrophic loss.

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 tens of years to expand species diversity community-wide, 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.

Same as Recommended.

Canopy cover target is set by analyzing the amount of plantable space in the governmental entity and setting a realistic expectation of how much of that space can be planted. e.g., if your community has 30% of its land that could hold a tree, your goal cannot exceed that number, without intentions of removing impervious surfaces or other land use types. The Chicago Region Trees Initiative prioritization mapping and community canopy summary information can assist the community in establishing goals and identify areas with particular need in the community.

Canopy cover target is set by analyzing the amount of plantable space in the community and setting a realistic expectation of how much of that space can be planted. e.g., if your community has 30% of its land that could hold a tree, your goal cannot exceed that number, without intentions of removing impervious surfaces or other land use types. The Chicago Region Trees Initiative prioritization mapping and community canopy summary information can assist the community in establishing goals and identify areas with particular need in the community. Targets for meeting this goal are included in an Urban Forest Management Plan or similar document.

Same as Recommended.

Encourage residents to participate in a cost-share program to increase tree planting in the parkways and other public property enabling the governmental entity to spread its tree planting budget further and to expand the tree canopy.

Examples: 

Deerfield’s 50/50 parkway tree program

Same as Recommended.