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HomeMy WebLinkAboutOrd 4854 04/22/1997 ORDINANCE NO. 4854 AN ORDINANCE AMENDING CHAPTER 9 ENTITLED "STREETS AND SIDEWALKS" OF THE VILLAGE CODE Passed and approved by the President and Board of Trustees the 22nd day of April ,1997 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 22nd dayof April ,1997. SC//caf 4~22~97 ORDINANCE NO. 4854 AN ORDINANCE AMENDING CHAPTER 9 ENTITLED "STREETS AND SIDEWALKS" OF THE VILLAGE CODE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article V entitled "Trees and Shrubs" of Chapter 9 (Streets and Sidewalks) of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereafter said Article V of Chapter 9 shall be and read as follows: "ARTICLE V TREES AND SHRUBS SECTION: 9.501 Title 9.502 Statement of Purpose 9.503 Goals 9.504 Home Rule Authority and Severability 9.505 Definitions 9.507 Appeals 9.508 Planting on Public Property 9.509 Pruning of Trees 9.510 Removal of Trees 9.511 Potentially Hazardous Trees and Shrubs 9.512 Dutch Elm Disease Control 9.513 Obstructions to Trees 9.514 Excavations and Construction 9.515 Injury to Trees 9.516 Penalty 9.517 Citations 9.518 Service of Notice or Citation Sec 9.501. Title. The Village of Mount Prospect Urban Forest Protection and Planning Ordinance. Sec 9.502. Statement of Purpose. The primary objective of the Village Government is to provide the citizens of Mount Prospect a safe, prosperous, and healthy community in which to live and work. To consistently meet this objective requires the coordinated efforts of many individuals and municipal departments including those responsible for maintaining the infrastructure of the Village. Components of this infrastructure include streets, sidewalks, sewers, buildings and trees. Healthy trees are unique in that they appreciate in value as they mature, unlike other components of the infrastructure that continually depreciate over time. Trees provide a wide range of benefits to the Village of Mount Prospect. Healthy trees reduce air and noise pollution, slow storm water runoff, contribute to energy ! conservation through shade and protection from the wind, and significantly increase property values. Trees need sufficient soil, water, and air to survive. Protecting existing natural resources and planning for the establishment and care of new trees will enhance the economic and environmental health of the Village. The purpose of this ordinance is to promote and protect public health and safety by providing for the proper establishment of new trees, the protection and maintenance of existing trees and the timely removal of hazardous or undesirable trees. Sec 9.503. Goals. The provisions contained in the Village of Mount Prospect Urban Forest Protection and Planning Ordinance are designed to yield specific goals when properly implemented. These goals include: Maintain a healthy urban forest. The urban forest of Mount Prospect is a dynamic ecosystem comprised of trees, soil, water, air, wildlife and humans. Proper stewardship of the ecosystem is the most efficient and economical method of insuring a safe and relatively hazard-free environment for the citizens of Mount Prospect. Promote age and species diversity of the tree population. The long-term health of Mount Prospect's urban forest depends on a proper distribution of young, middle-aged and mature trees. Adequate stocking of variously aged trees insures that as mature trees decline and are removed, younger trees are available to fill in the canopy. Species diversity is also important to guard against substantial losses to a species-specific pest or disease, such as Dutch Elm Disease. Improve species and site selection for new tree plantings. Increasing species diversity will only improve the urban forest if the species are matched with the site in which they are growing. Large trees provide the greatest benefits relative to energy conservation, air quality and storm water retention, but require sufficient space to reach their full size at maturity. Large-growing trees shall not be planted directly under existing power lines. Small trees can be used in a variety of places that are size restricted, however if a space will accommodate a tree that achieves a larger size at maturity, the larger-growing species should be considered. The proper tree should be located according to the conditions of the site with consideration given to increasing canopy closure, maximizing environmental benefits and achieving consistency in the landscape design. Establish optimum canopy closure. Trees help to conserve energy by providing shade to buildings during the summer. Additional cooling can be realized by shading roads and parking lots that would otherwise absorb sunlight and radiate heat. Since Mount Prospect is located in a climate where considerably more energy is spent on heating than cooling, consideration must also be given to the effect of shade on heating costs in the winter. Careful consideration of the establishment of new trees will result in the optimum canopy closure relative to energy conservation. Resolution and prevention of tree/hardscape conflicts through coordinated planning. Trees require space for roots, trunk, and branches. Frequently the space occupied by portions of trees is needed for other elements of the infrastructure such as roads, sewers, utility lines and buildings. Conflicts between trees and other infrastructure components can be minimized through cooperation of the various Village Departments, local utility companies and citizens. The provisions of this ordinance are intended to facilitate communication and cooperation between those individuals and agencies charged with maintaining Mount Prospect's infrastructure. Promote public education and support. The primary reason to care for trees and 2 natural resources in Mount Prospect is to improve the community for its citizens. The urban forest management program must be based on the informed support of the citizens. A goal of this ordinance is to provide proper tree care through informed, professional management based on knowledge. Those Village employees responsible for the management of natural resources in Mount Prospect are also responsible for sharing their knowledge and sources of information with the public. Facilitate the resolution of tree-related conflicts. A goal of this ordinance is to make available reasonable and fair guidelines for maintaining healthy, structurally sound and safe trees, and providing a comprehensive standards manual for planting, pruning and removing trees. By providing these guidelines in a clear and understandable format, equal and fair treatment is guaranteed for all residents. Sec 9.504. Home Rule Authority and Severability. It is the intent of this ordinance to help coordinate the efforts of those responsible for the care of natural resources within Mount Prospect by promoting ideas consistent with existing state and federal laws that may also be applicable. In the event that the provisions of this Chapter conflict with the provisions of other existing Codes or ordinances, the guidelines put forward in this document shall prevail within the borders of the Village. Should any part or provision of this Chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part other than the part held to be invalid. Sec 9.505. Definitions. Whenever used herein, the following words shall have the following definitions: ARBORICULTURAL A document of specifications and guidelines relative to tree STANDARDS planting, maintenance and removal based on accepted MANUAL arboricultural and safety standards. All references within this chapter to the Village Arboricultural Standards Manual shall pertain to the most current version of this document on file in the offices of the Department of Public Works. BOUNDARY TREE A tree whose root collar is located on a property line, and is therefore owned in common by adjoining landowners. CALIPER The diameter of a tree measured at six (6) inches above ground level. Caliper measurements are typically used to report the diameter of trees that are less than 3 inches in diameter at 4.5 feet above ground level (see DBH). CRITICAL ROOT The entire ground area within the vertical projection of the ZONE crown of a tree; this area is also commonly referred to as the area within the drip line of a tree. DIAMETER AT BREAST The diameter of a tree measured at 4.5 feet above ground HEIGHT (DBH) level, if the lowest branches of the tree are below 4.5 feet above ground level, diameter is typically measured at the narrowest point between ground level and the lowest branch. For trees less than three (3) inches in diameter at 4.5 feet above ground level, caliper measurement is typically used to report the diameter of the tree. DIRECTOR OF The Director of the Mount Prospect Public Works PUBLIC WORKS Department, or any person authorized to act in the Director's 3 stead. DRIP LINE The ground directly beneath the tips of a tree's outermost branches. DUTCH ELM DISEASE A fungal disease of elm trees known scientifically as Ceratocystis ulmi. ELM BARK BEETLE The European elm bark beetle known scientifically as Scolytus multistriatus, or the native elm bark beetle known scientifically as Hylurgopinus rufipes. ELM TREE Any tree of the genus "UImus" which includes any portions thereof, the stumps thereof, and any wood piles consisting of portions of any such tree. FORESTRY/GROUNDS The person appointed by the Director of Public Works to SUPERINTENDENT serve as the primary authority on the establishment, care and removal of trees within the Village, or any person authorized to act in the Superintendent's stead. HARDSCAPE Any paving material such as concrete, asphalt or bricks used in the construction of streets, parking lots, sidewalks, driveways, or other impervious surfaces on public rights-of- way. PARKVVAY That part of the public street right-of-way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the right-of-way line, as well as the raised dividing strip of a roadway. Where a sidewalk exists, the right-of-way line is often, but not always one foot (1') behind the sidewalk. The exact location of the right-of-way line shall be as indicated on a plat of survey. PREMISES Any lot or tract of land within the Village not owned by the said Village or dedicated for public use. PRIVATE TREE A tree whose root collar is located wholly on private property. PUBLIC TREE A tree whose root collar is located wholly on property owned or maintained by the Village of Mount Prospect. RIGHT-OF-WAY A strip of land acquired by or dedicated to the public and occupied or intended to be occupied by a street, walkway, railroad, utility or other similar use. ROOT COLLAR The part of a tree or shrub, usually at ground level, where the roots and stem or trunk meet. SHRUB Any woody perennial plant that has the following characteristics when mature: usually has multiple stems, but may be single stemmed; does not have the potential to achieve a maximum height of greater than twenty (20) feet. SIGHT TRIANGLE A triangular area at the intersection of two streets or a street and a driveway, the hypotenuse of which establishes a safe line of sight for a motorist, cyclist or pedestrian. At the 4 intersection of two streets, the legs of the triangle shall be measured along the curbs, or edges of pavement on streets with no curbs. The leg of a sight triangle along a street having a legal speed limit of less than 30 miles per hour (MPH) shall be 55 feet. The leg of a sight triangle along a street having a legal speed limit of 30 MPH or more shall be 75 feet. At the intersection of a street and a driveway, the legs of the triangle shall be 10 feet along the edge of the driveway and 25 feet along the curb, or on a street with no curbs, along the edge of the pavement. For regulatory purposes, a sight triangle shall not include private property. TOPPING The severe cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. TREE Any woody perennial plant that has the following characteristics when mature: usually has a single main stem, but may be multiple stemmed; has the potential to achieve a minimum height of ten (10) feet at maturity. VILLAGE The Village of Mount Prospect, Illinois. Sec 9.506. Authority and Responsibility. The Village of Mount Prospect shall have the authority to plant, maintain and remove all parkway trees, shrubs and other plantings in any public right-of-way within Village limits or on any property owned or maintained by the Village of Mount Prospect. Maintenance of the Village infrastructure including trees is most efficiently accomplished as a coordinated effort between municipal departments. While the interests of trees and natural resources within the Village is the general responsibility of all municipal departments, the primary responsibility of tree planting, maintenance and removal resides with the Director of Public Works. The Director of Public Works shall appoint a Forestry / Grounds Superintendent. The Forestry / Grounds Superintendent through the authority of the Director of Public Works shall have the authority to interpret and enforce the provisions of this Chapter. The Director of Public Works may serve notice to any person in violation of the provisions of this ordinance or initiate legal proceedings as may be necessary. The Forestry/Grounds Superintendent has the authority to maintain the Village Arboricultural Standards Manual. Sec 9.507. Appeals. Any action or decision by the Forestry/Grounds Superintendent pertaining to the enforcement of this ordinance may be appealed to the Director of Public Works. An appeal must be filed in writing within thirty (30) days after the decision of the Forestry/Grounds Superintendent. Only after the Director of Public Works issues a decision may the issue be further appealed to the Village Manager. An appeal to the Village Manager must be submitted in writing including the reasons for the appeal within thirty (30) days after a decision has been rendered by the Director of Public Works. The decision of the Village Manager shall be final and will be mailed to the applicant and the Director of Public Works. Sec 9,508. Planting On Public Property, A. Shrubs and Evergreen Trees. No shrubs or evergreen trees shall hereafter be planted on any right of way or easement along a street or any parkway after December 1, 1992. An exemption from the shrub planting restriction may be granted by the Director of Public Works in certain downtown areas zoned B-5 or B-5C, when deemed necessary to provide suitable screening. This exemption shall be granted only when the Director of Public Works has accepted 5 maintenance responsibility for such shrubbery, and said shrubbery will be maintained at a height of 36" or less if located within a sight triangle. B. Deciduous Trees. 1. Planting Permit Required. No tree of any kind shall be planted on public property, including, but not limited to, public streets and parkways, without a permit. An application for such a permit, which shall be free of charge, shall be filed with the Director of Public Works and shall contain at least the following: a. Name and address of applicant; b. Address of property where the tree is proposed to be located; c. A plan drawn to scale showing: (1) The proposed location of each tree to be planted. (2) The diameter (or caliper for trees less than three (3) inches DBH) of each tree; (3) The species of each tree. 2. Issuance or Denial of Permit. Within fourteen (14) days after receipt of a completed application for a tree planting permit, the Director of Public Works shall review the application for compliance with applicable Village of Mount Prospect regulations. If the proposed planting does not so comply, the Director of Public Works shall notify the applicant in writing of the reasons for noncompliance. 3. Regulations Governing Tree Planting. ,All trees to be planted on public property shall be planted in accordance with the provisions outlined in the current Arboriculturel Standards Manual on file in the offices of the Department of Public Works. Sec. 9.509. Pruning of Trees A. Tree Pruning Permit. It shall be unlawful to prune or remove branches from any public tree without having first secured a permit therefor. Applications for such permits or requests for exemption shall be made to the Director of Public Works for approval before permission shall be granted. As a condition of a contractor obtaining a tree pruning permit the applicant shall be required to carry public liability and property damage insurance in an amount to be determined by the Director of Public Works and proof of insurance coverage shall be filed with same. When advisable, the Director of Public Works may require the posting of a performance bond to guarantee the completion of any job in accordance with adopted Village standards, rules and regulations. B. Certified Arborist Required. When performing pruning on public trees, any tree service contractor performing work shall have on its staff an arborist certified by the International Society of Arboriculture. This arborist must oversee all pruning work and certify that all work meets the Village's pruning specifications as outlined in the Village Arboricultural Standards Manual. C. Safety Standards. All tree service contractors pruning, maintaining or removing Village trees must comply with safety requirements as specified in the Village ,Arboricultural Standards Manual. D. Topping. It shall be unlawful as a normal practice for any person or firm to top any public tree. Trees severely damaged by storms or other causes may be exempted from this requirement as determined by the Director of Public Works. E. Pruning Standards. Trees are pruned to preserve their health and appearance and to make adjustments that will increase their longevity. Pruning will reduce or eliminate hazards and can provide adequate clearance around utility lines. To achieve the objectives of extending the life of Village trees, reducing hazards, and providing appropriate utility line clearance, pruning must be conducted using sound arboricultural methods. The Village shall maintain pruning standards in the Village Arboricultural Standards manual. F. Pruning American Elm trees. To help prevent the spread of Dutch Elm Disease, American Elm trees on public property shall not be pruned during the growing season, except when in the opinion of the Director of Public Works, pruning is required to alleviate an imminent hazard. G. Pruning diseased trees. All tools used on a public tree known to contain an infectious tree disease, shall be properly disinfected immediately after completing work in such a tree. H. Utility Line Clearance Pruning. The Village recognizes the need to maintain utility lines with regard to public safety and service. The Village also recognizes the benefits provided by healthy public trees. In the cases where public trees occupy space under or adjacent to overhead utility lines, the need to maintain utility line clearance will be balanced with the need to maintain healthy trees by using proper arboricultural pruning techniques to obtain the required clearance. Topping is not a proper arboricultural pruning technique and shall not be used in utility line clearance of public trees in the Village. With the exception of emergency line clearance operations, companies or organizations owning utility lines in the Village, or their line clearance contractors, are required to notify the Director of Public Works of scheduled pruning locations at least seven days prior to the commencement of pruning operations. When necessary, as determined by the Director of Public Works, representatives of the utility company will be required to meet with the Director of Public Works to evaluate the impact of pruning on specific trees and to evaluate tree removals requested by the utility company. Joint agreement is required prior to all tree removals. Criteria to be considered in tree removals include potential hazards, tree health and species, damage from past maintenance, and tree location. Each parkway tree that is removed for the purpose of utility line clearance shall be replaced with one newly planted tree. The species selection for replacement trees will consider the available growing space under or adjacent to utility lines and will use narrow-crowned or Iow-growing cultivars when appropriate. When it is not practical to plant a replacement tree at the site of a tree removal, the replacement tree shall be planted in another public location as identified by the Director of Public Works. The utility company will reimburse the Village for the cost of purchase and installation of replacement trees, unless other arrangements have been agreed to in a franchise agreement. Sec 9.510. Removal of Trees. A. Tree Removal Permit. It shall be unlawful to remove or cut down any tree in any street, parkway or other public place without having first secured a permit therefor. Applications for such permits shall be made to the Director of Public Works for approval before permission shall be granted. As a condition of a contractor obtaining a tree removal permit the applicant shall be required to 7 carry public liability and property damage insurance in an amount to be determined by the Director of Public Works and proof of insurance coverage shall be filed with same. When advisable, the Director of Public Works may require the posting of a performance bond to guarantee the completion of any job in accordance with adopted Village standards, rules and regulations. B. Issuance or Denial of Permit. Within ten (10) days after receipt of a completed application for a tree removal permit, the Director of Public Works shall review the application for compliance with applicable Village of Mount Prospect regulations. If the proposed removal does not so comply, the Director of Public Works shall notify the applicant in writing of the reasons for noncompliance. Requests for tree removals will be reviewed on an individual basis. However, general guidelines regarding acceptable and unacceptable reasons for tree removals are contained in the Village Arboricultural Standards Manual. Applicants for tree removal permits are advised to review tree removal criteria prior to submitting a tree removal permit application. C. Safety Standards. All tree service contractors pruning, maintaining or removing Village trees must comply with safety requirements as specified in the Village Arboricultural Standards Manual. Sec 9.511. Potentially Hazardous Trees and Shrubs. A. Any tree or shrub growing on private property which overhangs any sidewalk, street or other public place in the Village in such a way as to impede or interfere with traffic or travel on such public place shall be trimmed by the owner of the premises on which such tree or shrub grows so that the obstruction shall be eliminated. Within a sight triangle, the area from three feet (3') to six feet (6') above the top of the curb, or edge of the pavement on a street with no curbs, shall be kept free and clear of any obstruction, including shrubs. A single stemmed tree shall be considered to be an obstruction only if its trunk, as measured six inches (6") above ground exceeds three inches (3") in diameter and the lowest growth from its branches is lower than six feet (6') above the top of the curb or edge of pavemenL Shrubs shall be kept entirely clear of sidewalks. Tree limbs shall not project over the sidewalk at a height of less than eight feet (8') above the sidewalk or fourteen feet (14') above the street pavement. Owners of vegetation not maintained in the above manner shall be required to correct the violation within thirty (30) days of being served by the Village with a notice to do so. If the violation is not corrected within thirty (30) days, the Village reserves the right to cause the vegetation to be pruned or removed and to bill the owner for the cost of such work. B. Any tree or portion of a tree growing on private property which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands. Owners of vegetation not maintained in the above manner shall normally be required to correct the violation within thirty (30) days of service of such notification from the Director of Public Works. If the violation is not corrected within thirty (30) days, the Village reserves the right to cause the tree to be pruned or removed and to bill the owner for the cost of such work. In the event that the risk of personal injury or property damage is imminent, the Village reserves the right to act immediately to alleviate the imminent hazard, and notify the property owner thereafter. Sec 9.512. Dutch Elm Disease Control A. Nuisance Declared. Any tree found to be infected with Dutch Elm Disease, located on any premises in the Village shall hereby be declared to be a public nuisance and it shall be removed within ten(10) days following service of the notice for which provision is made herein. It shall be unlawful for any person that owns any premises on which such a diseased tree is located, to allow such tree to remain on any such premises after the expiration of ten (10) days after service of notice pursuant to subsection D herein. B. Breeding Places of Elm Bark Beetles, Nuisance. Elm trees or parts thereof, in a dead or dying condition, including stumps and wood in wood piles, that may serve as a breeding place or places of the Elm Bark Beetle are hereby declared to be public nuisances. It shall be unlawful for any person that owns premises on which any such trees, parts thereof, stumps or wood piles, are located to permit the same to remain thereon after the expiration of ten (10) days after service of a notice to remove the same pursuant to subsection D herein. It shall also be unlawful for any person or company to sell or otherwise dispose of Elm logs within the corporate limits of the Village of Mount Prospect. In the event of such violation, that person or company shall be required to remove and properly dispose of the logs at his/their own expense within ten (10) days after service of a notice to remove the same. C. Enforcement and Inspection. The provisions of this Section shall be enforced by the Director of Public Works. The Director of Public Works, is hereby authorized, after giving notice of the intent and purpose, to enter in or upon any premises in the Village, at all reasonable hours, for the purpose of inspecting such premises as the Director of Public Works, has reasonable cause to believe may contain diseased trees or breeding places of the Elm Bark Beetle. The Director of Public Works, may remove from such trees such samples, borings or specimens as are required for the purpose of making a laboratory analysis to determine whether any tree located thereon is infected with Dutch Elm Disease or is a breeding place of the Elm Bark Beetle. It shall be unlawful for any person to prevent the Director of Public Works, from entering upon such premises for the purpose of carrying out the duties specified hereunder or to interfere with the Director of Public Works, in the performance of the lawful duties authorized under the provisions of this Section. D. Notice. If any tree growing on any premises in the Village is found to be infected with Dutch Elm Disease, the Director of Public Works shall serve a notice upon the owner or occupant of the premises on which the said tree is growing to remove the said tree within ten (10) days. Such notice shall contain the following information: 1. The identity of the property, by common description. 2. The tree affected. 3. A notice that it is unlawful to permit such infected tree to remain on the property. 4. A request for the removal of the tree. 5. A notice that if the tree is not removed within ten (10) days, the Village will make necessary arrangements to remove the same and charge the cost thereof to the owner or occupant of the premises; and 6. A notice that if the cost and expense incurred in the removal of such infected tree is not paid, then within sixty (60) days after the incurrence of such cost and expense a notice of lien on the real estate affected will be filed in the office of the Recorder of Deeds, or Registrar of Titles, whichever is applicable, of Cook County, Illinois. E. Abatement. If any person served with a notice to remove a diseased tree 9 refuses or neglects to remove the tree, within ten (10) days of the date that such notice is served, then the Director of Public Works, or his agents or contractors, may enter in or upon the premises where the diseased tree is located and remove the tree. The cost and expense of such removal shall be charged to and paid by the owner or occupant of the lot or premises. F. Liens. If a diseased tree is removed by the Village, or by someone directed to remove the said tree on behalf of the Village, a notice of lien containing the cost and expense of removal incurred by the Village may be recorded in the following manner: The Village, or the person or firm authorized by the Village to remove such tree in his or its own name, shall file a notice of lien in the office of the Recorder of Deeds of Cook County, Illinois, or, where applicable, in the office of the Registrar of Titles of Cook County, Illinois. The lien notice shall consist of a sworn statement setting out: 1. A description of the real estate sufficient for identification. 2. The amount of the cost and expense incurred or payable for the service; and 3. The date or dates when such cost or expense was incurred by the Village. Such notice shall be filed within sixty (60) days after the cost and expense has been incurred. G. Release of Lien. Upon payment of the cost and expense by the owner or persons interested in the real estate affected, after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release may be filed of record in the same manner herein provided for the filing of a notice of lien. H. Penalty. Any person violating any provision of this Section shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed to have been committed on each day during or on which a diseased tree is permitted to remain after thirty (30) days from service of notice. Sec 9.513. Obstructions to Trees, A. Advertisements or Notices: It shall be unlawful to attach any sign, advertisement or notice to any public tree. B. It shall be unlawful to attach any wire or rope or other foreign object to any public tree without the written permission of the Director of Public Works. C. Any person or company given the right to maintain poles and wires in the streets, alleys or other public places in the Village shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees in such places so far as may be possible. Sec 9,514. Excavations and Construction. A permit will be required for any construction projects which, in the opinion of the Director of Public Works, may impact public trees. This shall include all projects involving soil excavation within the drip line of a public tree. Applications for such permits shall be reviewed by the Director of Public Works and shall include detailed plans showing the work proposed, the tools and methods proposed to be used, and the location and DBH of all existing public trees. The Director of Public Works shall have the authority to formulate a written tree protection plan for the above-mentioned projects. This plan must be followed unless the Director of Public Works gives written permission for deviations. The plan will include the specific tree protection measures which must be taken. Depending on the type of construction, these measures may include but are not limited to fencing, 10 tunneling in lieu of trenching, transplanting existing trees out of the way of construction, restrictions on grade changes and paving near trees, etc. Details on tree protection measures may be found in the Village Arboricultural Standards Manual. The Director of Public Works shall have the authority to determine the excavation limits and the methods and tools to be used, to grant exemptions from the requirements when in his opinion they are warranted by unusual circumstances, and to suspend or terminate construction which deviates from the written tree protection plan. The Director of Public Works has the authority to determine when unavoidable damage to tree roots is substantial enough to cause the tree to be unstable and/or hazardous and therefore warrant removal of the tree. During certain types of construction work, the applicant shall place guards around all nearby trees to prevent injury to such trees. Specifications for the type and placement of guards around trees are presented in the Village Arboricultural Standards Manual. Sec 9.515. Injury to Trees. It shall be unlawful to injure any public tree. Sec 9.516. Penalty. Any person violating any provision of this Article V shall be fined the full amount of any mitigation costs incurred by the Village. In addition, unless otherwise set forth herein any person violating any provision of this Article V shall be fined as follows: Marking a public tree in any way $25.00 Attaching a sign to a public tree $25.00 Driving any object into a public tree $25.00 Planting a tree on public property without a permit $25.00 Paving over previously open root zone of a public tree $50.00 Substantially changing the soil grade of a public tree $50.00 Injuring or removing bark from a public tree $100.00 Cutting or pruning a public tree without a permit $100.00 Placement of damaging materials near a public tree $100.00 Topping a public tree $300.00 Injuring or cutting roots of a public tree without a permit $400.00 Continuing work after suspension or revocation of permit$500.00 In addition, any person who injures any public tree shall be held responsible for the cost of repairs, if in the opinion of the Director of Public Works, the injured tree will not die as a result of such injuries. In addition, in the case of unauthorized destruction or removal of such public trees, the person committing the offense shall be held responsible for the cost of removal and replacement of trees at the rate of one hundred dollars ($100.00) per inch of trunk diameter of the tree that was destroyed or removed. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Sec 9.517. Citations. The Director of Public Works has the authority to issue citations to any persons who violate the provisions of this Article V. Violations committed by employees or contractors of companies during work-related activities will be considered violations committed by the employing or contracting company, and citations will be delivered to the employing or contracting company. All citations issued relevant to this ordinance will advise the notified person or organization that a violation to a specific subsection of this ordinance has occurred, and the violation will be detailed. The citation will request the notified person or ]] rganization to make payment in the amount specified in this ordinance as settlement of the violation. The citation will also inform the notified person or organization that upon failure to settle the violation, a complaint will be filed in the Circuit Court of Cook County. Sec 9.518. Service of Notice or Citation. Service of any notice required or citation permitted by this Article V may be accomplished by either of the following methods: 1. Personal Service - This may be achieved by actual delivery to a person at least twelve years of age at the premises. 2. Substituted Service - This may be achieved by mailing of the notice or citation by both registered and regular mail to the person to whom the most recent general real estate tax bill for the premises was sent. If within fourteen days of mailing no proof of delivery has been received by the Village, the notice or citation shall be posted on or about the front entrance to the premises, in which case proof of signing for the registered mail shall not be necessary. .SECTION TWO.: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Juracek, Wilks NAYS: None ABSENT: Clowes, Hendricks PASSED and APPROVED this 22nd day of April, 1997. ATTEST: Carol A. Fields Village Clerk