HomeMy Public PortalAboutOrdinance 1384.. .~
ORDINANCE 1384
VILLAGE OF PLAINFIELD
MUNICIPAL TREE ORDINANCE
~ PURPOSE
f It is the purpose of this ordinance to promote and protect the
public health, environment, safety, and general welfare by
providing for the regulation of the planting, maintenance and
removal of trees, shrubs, and other plants within the Village of
Plainfield.
~I. AUTHORI Y AND POWER
The Village Administrator or his/her designee shall act as the Tree
Official. The Tree Official shall enforce the provisions of this
ordinance. The Tree Official may enlist the assistance of the
Illinois Department Conservation, U. S. Forrestry Service or other
agency as may be appropriate for advise in carrying out the
provisions of this regulation.
III. APPLICABILITY
This ordinance provides full Power and Authority over all trees,
plants and shrubs located within street rights-of-way, other
Village owned properties and areas heretofore described and to
trees, plants and shrubs located on private property that
constitute a hazard or threat as described herein.
IV. DEFINITIONS
Alley - A public right-of-way primarily designed to serve as
secondary access to the side or rear of properties whose
principal frontage is on some other street.
Communicable disease .. to mean the same as infectious disease.
Green area -- an open area dedicated to public use in newly a
acquired subdivision. It's size is a function of the
planned density of the subdivision. Or a landscape buffer
in~the instance of development of commercial property.
Infectious diseases - diseases caused by living pathogens such as
fungi, bacteria, virus, or nematodes. These pathogens have
the ability to multiply and be transmitted from plant to
plant. (Non-infectious are those caused by non living
disease agents such as extremes in temperature, water
supply, chemicals, and transplant and mechanical injuries.)
1
- .~
Insect infestation - insects are present in such numbers as to
cause death or major loss to plants.
Parks - That area in or near the Village laid out with walks,
drives, playgrounds, benches and/or trees which is
preserved for public recreation.
. Parkway - (side strip) - the unpaved strip of land within a street
right-of-way and parallel to the roadway.
Pestilence - To mean the same is insect infestation.
Private Property - property owned by a person and all other
property not otherwise defined as "Public Property".
Parking area - an open, hard surface area other than a street or
public way, intended to be used for the storage of
passenger automobiles and commercial vehicles under one
and one-half ton capacity and available to the public,
whether for compensation, free or as an accommodation to
clients or customers.
Public Places - (Public Property) - rights-of-way, median strips,
or other property not privately owned and easements where
the Village has rights of access.
Remuneration - pay or compensation for a task done.
Right-of-way - an area parallel to and including the roadway
measured from the centerline of the roadway a distance
determined by dedication.
Sidewalk - that portion of street or cross walk way, paved or
otherwise surfaced, intended for pedestrian use only.
Street - an area which primarily serves or is intended to serve as
a vehicular and pedestrian access to abutting lands or to
other streets. The word "street" refers to the width of
the street right-of-way or easement, whether public or
private, and shall not be considered as the width of the
roadway or paving or other improvement on the street right-
of-way. Such is to include but not be limited to, that
which is named or commonly referred to as street, avenue,
road, lane, boulevard or way.
Trees, shrubs and other plants - all vegetation, woody or otherise,
except lawn grass and flowers less than 24 inches in
height.
2
.Y
v.
INSIIRANCE
Tree trimming Contractor's Landscaping Company's or other firms
hired to prune trim or remove trees on public streets or other
Village Property, shall file evidence of possession of liability
insurance in the mininimum amounts of $500,000 for bodily injury
or death and $300,000 property damage indemnifying the Village for
any personal injury or property damage resulting from the pursuit
of such endeavor as herein described.
VI. LANDSCAPING
In new subdivisions or when the development of commercial property
occurs, the Tree Official will review landscaping plans and will
require street trees to be planted in any of the parkways, parking
lots and other public places abutting lands henceforth developed
and/or subdivided. The Tree Official may also require designated
"Green Areas". This will be accomplished by establishing an escrow
account that the developer puts money into and the Village
purchases the trees from.
Specifications for planting are as follows:
- No species can make up more than 20~ of the
planting stock.
- Trees will be a minimum of 3" in diameter.
- The planting location must have acceptable
clearance around utilities and a safe line of sight
at intersections.
- Trees planted in the parkway shall be a minimum of
one tree per lot and on corner lots two trees,
shall be provided, one on each frontage.
V~ TREE PLANTING MAINTENANCE AND REMOVAL
TREE SPECIES - The Tree Official shall maintains a list of
desirable trees for planting along streets in three size
classes, small, medium and large. A list of trees not suitable
for planting will also be created and enforced by the Village.
SPACTNa - The spacing of street trees will be in accordance with
the three species size classes listed in this ordinance and no
trees may be planted closer together than the following:
Small trees _ 30 feet
Medium trees - 40 feet
Large trees - 50 feet
3
,~
Except for special planting designed or approved by a landscape
architect and the Official.
SIZE - No tree selected for planting will be less than three
inches in diameter, including new sub-divisions, in accordance
with the American Nurseryman's Association standards, and
Village Subdivision Regulations.
UTILITIES - No street trees other than those species listed
herein as small trees may be planted under or within 10 lateral
feet of any overhead utility wire or over or within 5 lateral
feet of any underground water line, sewer line, transmission
line or other utility. Exceptions may be made at the discretion
of the Tree Official contingent upon specific planting
conditions and species of trees with finding of adequate
protection of the public and of property.
DISTANCE FROM CURB AND BIDENALR - The distance from the curb
and sidewalk will be determined by the factors above.
TOPPING - It shall be unlawful as a normal practice for any
person, Firm or Village Department to top any Street tree, or
other tree on Village Property. Topping is defined as the
severe cutting back of limbs to stubs within the tree's crown
to such a degree so as to remove the normal canopy and disfigure
the tree. Trees severely damaged by storms or other causes, or
(trees) obstructing or interfearing with the visibility or flow
of traffic, or certain trees under utility wires or other
obstructions where other pruning practices are impractical may
be exempted from this ordinance at the determination of the Tree
Official.
BdILDINQ PERMITS/PLAT OF APPROVAL/SURETY - Tree specifications
shall be provided for required parkway trees prior to issuance
of building permits at the subject site. Developers of New
Subdivisions shall provide Tree specifications prior to Final
Plat Approval. All tree specifications shall be in compliance
with this ordinance and Village subdivision regulations. Proper
surety in the form of a Bond, cash escrow or letter of credit
in an amount sufficient to cover the cost of required parkway
trees shall be provided prior to occupancy permit issuance or
final Plat Approval whichever is sought first.
VII' ADJACENT LANDOWNER RESPONSIBILITY
No person shall plant, remove, cut above the ground, change grade
levels or disturb any tree on any street, or Village property
without first filing an application and procuring a permit from
the Village. The person receiving the permit shall abide by the
standards set forth in this ordinance.
4
'R~ NIILSANCE CONDITION
A nuisance condition exists upon the discovery of any destructive
or communicable disease or other pestilence which endangers the
growth or health of trees, or threatens to spread disease or insect
infestations, the Tree Official shall at once cause written notice
to be served upon the owner of the property upon which such
diseased or infested tree is situated, and the notice shall require
such property owner to eradicate, remove or otherwise control such
condition within a reasonable time to be specified in such notice.
'4-3~~.. PERMITS
A permit will be required to perform any tree care or removal on
Public Property. Homeowners performing maintenance tasks on public
trees adjacent to their property must obtain a permit except for
fertilizing, water; or pruning limbs less than 2" in diameter.
Contractors must show proof of certification and insurance to the
Tree Official before a permit will be issued or work may begin.
~ ASSESSMENT OF CLAIM:
In the event that a nuisance condition is not abated
specified in the notice, the Village may cause the
said nuisance. The reasonable cost of such abatement
as lien against the property on which the nuisance
In addition, the owner of the property upon which the
located shall be subject to prosecution.
by the date
abatement of
may be filed
was located.
nuisance was
5
r ~ ~r
SEVERABILITY
If any part of this ordinance is determined to be invalid, the
validity of any part or section hereof shall not effect the
validity of the remainder hereof.
All ordinances or parts thereof in conflict herewith are hereby
repealed.
This ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form as required
by law.
This ordinance shall be numbered as Ordinance No. 1384
PASSED this 16th day of Dece ~r 1991
VILLAGE CLE
APPROVED this lath- day df Decemb r , 1991
~ ..
ILLAG REST NT
6
SAMPLE LIS'S OF RECOMMENDED STREET TREES
Selection is a function of available root area and praximity of
• overhead utility lines. Cultivars within species will greatly vary
on their ability to do well in an urban setting. Do not hesitate
to get opinions an specific Cultivars from municipal forester,
district foresters ar the extension service.
LARGE TREES
Minimum Spacing: 50'
Minimum Parkway Width 8'
sugar Maple
Hackberry
Sugar Hackberry
European Beech
White Ash
Green Ash
Blue Ash
Ginkgo (male)
Kentucky Coffeetree (male}
Sweetgum
Tuliptree
Cucumber Tree
White Oak
Swamp White Oak
Shingle Oak
Bur Oak
English Oak
Red Oak
Bald Cypress
Basswood
Littleaf Linden
Zelkava
SAMPLE LTST OF RECOMMENDED STREET TREES
MEDIUM TREES
Minimum Spacing 40'
Minimum Parkway width: 6'
Red Maple
Black Alder
River Birch
European Hornbeam
Katsuratree
Xellowwood
Turkish Filbert
Black Gum
Amur Cork Tree
Sargent Cherry
Flowering Pear
SMALL TREES
Minimum Spacing 30'
Minimum Parkway Width 5'
Amur Maple (tree form)
Japanese Maple
Shadblow Serviceberry (tree form)
Apple Serviceberry (tree form)
American Hornbeam
Flowering Dogwood
Japanese Dogwood
Hawthorn (Thornless)
(Disease resistant)
Flowering crab
Ironwood
Japanese Tree Lilac
References:
"Selecting and Planting Trees"; office of the Governor, the Morton
Arboretum.
"Trees and Power Lines/Cautions and Recommendations"; The Morton
Arboretum, Plant Information Bulletin.
•r r
$. All unpaved areas within the street right-of-ways shall
be seeded or sodded. Before the release of the twelve
(12) month maintenance bond can be recommended by the
Village Engineer, all unpaved areas between the edge
of the road pavement and the right-of-wcy line must
support an adequate mat of grass. Provisions shall
be made to assure the growth of all landscaping.
C. Street trees shall be planted on both sides of each pro-
posed street except where there ors existing trees pre-
sent and preserved as determined by the Village Engineer.
Street trees newly planted shall be not zurther a pa=t
t'~an fifty (5~) feet or one tree per inside lot and too
`saes on career lots and the type of tree shall be limit-
ed to those verities as approved by the Plan Conunission.
Newly planted street trees shall not be less t'~an three
(3) inches in caliper, measured one (1) foot from the
ground. The planting of the following varieties of
trees shall be prohibited:
Soft Maple (Ater dasycarp~.,.-~) zn variet~r
Poplar: - (Populus ) All varieties
Willow (Salix) All varieties
Sox Elder (Acex negunco) All varieties
Catalpa (Catalpa) All varieties
Tree of Beaven (Ailant'~us ) A1'_ varie±; es
Mountain of Ash (Sorbus) x.11 varieties
Mulberry (Mores Alba) I;. variet-r
D. Protective screen planting may :,e : ec~~ired to secure a
reasonably effective physicalFbarwier bet~reen residen-
tial properties and acjoini.ng uses }o mi :i.'1i: e acvera2
conditions of sight and sound. T`:e screen plantinc
plan shall be prepared by a larescapa arc i Yact a::c
she].]. meat tie approval of tie Pion CCIS'w'Ili ssion.
A. If tie subdivision contains gLestionable soi'_ accordw_:c
to findings by the WillwSouth Cook Soil and ,pater Con-r
servata.an District Engineers and, wn tk•~e opinion of the
Village Engineer, soil investigations, boring or other
soil tests are necessary to determine t'~e nature and
extent of such questionable material, t:~e owner or
developer shall retain or cause to ~e retained the ser-
vices of competent tasting laboratory to perforn tie
needed investigations.
B. Copies of the completed reports prepared by the testing
laboratory shall be filed wit's t'~e Village Engineer .
- 5a -
a