===== PDF PAGE 11 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITIEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _t.f__,__e__;E:>~r-- Ordinance No. 24-0-0012 - Amending the Municipal Code, Chapter 15, Article VII - General Standards for Parkway Tree COMMITTEE AGENDA DATE: April 4, 2024 Regulation COUNCIL AGENDA DATE: April 15, 2024 STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE _ _ _______ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE_________ _ ITEM SUMMARY: In 2022, the City of West Chicago Public Works Department staff applied for and received Urban and Community Forestry grant funds through the Morton Arboretum to complete a Citywide Geographical Information System (GIS) Parkway Tree Inventory as well as to prepare an Urban Forestry Management Plant (UFMP). The underlying funding sources are the Illinois Department of Natural Resources and the United States Forest Service. Other grant requirements include adopting an Ordinance establishing guidelines related to trees and becoming a member of Tree City USA. The Parkway Tree Inventory and UFMP are complete. The UFMP will become the guiding document for tree- related matters in the City. Staff is working on the application to become a member of Tree City USA, for which an Arbor Day Proclamation will be presented at the April 15, 2024, City Council meeting. For the Ordinance requirement, staff has modified the current Municipal Code section 15-5 by adding and removing some language. The attached proposed draft Ordinance, which meets all the grant requirements, has been reviewed and recommended for adoption by the Morton Arboretum staff. If adopted, the Ordinance will be included in the Municipal Code as Article VII, Section 15-76 to 15-87. Staff recommends approval of the proposed Ordinance. ACTIONS PROPOSED: Adopt Ordinance No. 24-0-0012 amending the Code of Ordinances of the City of West Chicago - Chapter 15 (Public Ways), removing Chapter 15, Article 1 - Section 15-5 and adding a new article VII - General Standards for Parkway Tree Regulation, Section 15-76-15-87 COMMITTEE RECOMMENDATION: ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] ORDINANCE NO. 24-0-0012 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO - CHAPTER 15 (PUBLIC WAYS), REMOVING CHAPTER 15, ARTICLE 1 - SECTION 15-5 AND ADDING A NEW ARTICLE VII - GENERAL STANDARDS FOR PARKWAY TREE REGULATION, SECTION 15-76-15-87 WHEREAS, the City of West Chicago (the "City") is a home-rule municipality pursuant to Article VII, Section 6, of the Constitution of the State of Illinois, and as such is authorized to take all reasonable action pertaining to its affairs in accordance therewith; and WHEREAS, the City is further authorized under the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., and Illinois law to adopt ordinances pertaining to the public health, and safety and welfare; and WHEREAS, the City is further authorized to adopt the amendments contained herein pursuant to its authority to regulate the public right-of-way under section 11-80-1 et seq., of the Illinois Municipal Code; and WHEREAS, the City uses public right-of-way within its City limits to provide essential public services to its residents and businesses. The public right-of-way within the City is a limited public resource held by the City for the benefit of its citizens and the City has a custodial duty to ensure that the public right-of-way is used, repaired, and maintained in a manner that best serves the public interest; and WHEREAS, to best serve the public interest the City plants and maintains trees within the public right-of-way; and WHEREAS, the City recognizes that trees are an integral part of the infrastructure of the City and as such are preserved, protected, and cared for as other critical City infrastructure WHEREAS, to preserve and protect trees in the public right-of-way, the City Council finds that it is in the best interests of the public to adopt the Ordinance below to establish general standards for parkway trees. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, Illinois, as follows: Section 1. Recitals. The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Adoption. Chapter 15 of the Code of Ordinances of the City of West Chicago shall be amended by the adoption of a new Article VII as stated herein, which will read as follows: Ordinance 24-0-0012 Page 1of9 ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] "ARTICLE VIL GENERAL STANDARDS FOR PARKWAY TREE REGULATIONS Sec 15-76: Purpose and Statement of Value A. The purpose of this chapter is to preserve and protect trees on City-owned property and to state the regulations of the City of West Chicago with respect to the protection, preservation, care and planting of trees on public lands. The City of West Chicago recognizes the services and functions that trees provide as assets to the entire City. B. The City recognizes that trees are an integral part of the infrastructure of the City and as such are preserved, protected, and cared for as other critical City infrastructure. Trees provide the following services and benefits: a. Trees absorb pollution from the air; b. Trees absorb and sequester carbon dioxide; c. Trees absorb and filter pollution from stormwater run-off; d. Trees produce oxygen; e. Trees reduce flooding; f. Trees stabilize soils and reduce erosion; g. Trees cool the surrounding area helping to reduce impacts due to heat islands; h. Trees reduce energy consumption by shielding structures from harsh winds and sun; i. Trees provide a buffer and screen against noise, light and pollution; J. Trees improve property values; k. Trees improve commercial district traffic and purchasing; 1. Areas with trees have lower crime rates; m. Areas with trees have higher levels of community interaction; n. Trees provide important habitat for birds and other wildlife; and Ordinance 24-0-0012 Page 2of9 ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] o. Trees protect and enhance our quality of life. p. Studies have shown links between increased tree canopy and physical and mental health. Sec 15-77: Definitions Additional terms may be defined by the Urban Forestry Management Plan, City Forester, Director of Public Works, or their designee on an ad hoc basis. ANSI A300: Standards which provide standard practices and specification writing guidelines for arborists, urban foresters, horticulturalists, landscape architects, and contractors ANSI Z 13 3 .1: Safety Standard developed for the arboriculture industry under the procedures of the American National Standards Institute. ANSI Z60.1: The purpose of the American Standard for Nursery Stock, ANSI Z-60.1 is to provide buyers and sellers of nursery stock with a common terminology to facilitate transactions involving nursery stock Caliper: A measurement of a small nursery tree trunk diameter or cumulative diameters for trees with multiple stems, in inches, measured at 6" above the ground surface. City-Owned Property: A real property whose primary ownership is the City of West Chicago DBH: Diameter at Breast Height, a standard forestry measure of a mature tree's diameter, measured at 4.5 feet above the ground surface on the uphill side of the tree. Designee: A person selected or designated to carry out a duty or role related to forestry and trees Mature Height: The average expected height of a tree when it has reached its maximum size. Native: An indigenous or endemic species found in a certain ecosystem due to natural processes such as natural distribution Indigenous Species: Found only in a very limited area and restricted to that area Parkway: That portion of the dedicated right-of-way between the curb line or the lateral lines of the roadway and the sidewalk or adjacent property or right-of-way line, or the assumed or surveyed line when some or all of these defining features are not present. Ordinance 24-0-0012 Page 3of9 ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] Publicly Owned Tree: A tree planted on property owned by the City of West Chicago. ROW: Right of Way, the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another. Shrub: A shrub or bush is a small-to-medium-sized perennial woody plant which is smaller than a tree and has several main stems arising at or near the ground Tree: A woody perennial plant with a mature height of over 10 feet and with one or fewer than 10 trunks. Tree Board: A board comprised of staff members from different departments within the City as identified in the Urban Forestry Management Plan (UFMP). Tree Protection Zone: An area where activities and materials are excluded by 6' fencing, generally calculated as the radius from the tree in feet, that is 12-18x the diameter of the tree in inches. Variance: A deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code Sec 15-78: Applicability I Scope This ordinance shall apply to ROW, Parkway, or other Publicly owned trees at all times, not just when triggered by an event occurring, such as a permit initiation. Deviations from the ordinance may be requested through a formal Request for Variance to City Council, and approved or denied by the City Council. Additional terms or information may be provided in the Urban Forestry Management Plan Sec 15-79: Authority Over Parkways The Director of Public Works, Street Superintendent, or their authorized representative is hereby empowered to inspect, superintend, regulate the planting, preservation, protection and maintenance of items placed or planted on the parkways of the streets of West Chicago. No person shall plant or remove any tree, shrub or any other woody plant or place any item on any city parkway until the Director of Public Works, Street Superintendent, or their authorized representative has issued an approval in writing for such planting, removal or placement. The city shall enforce this section and remove any item unlawful placed or planted on any parkway within the city. Except in situations where the item on a parkway is creating an immediate hazard to the public, the city shall notify the owner of the property adjoining the parkway of the unlawful presence of the item. The city shall enforce this section and remove any item unlawful placed or planted on any parkway within the city. Except in situations where the item Ordinance 24-0-0012 Page 4of9 ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] on a parkway is creating an immediate hazard to the public, the city shall notify the owner of the property adjoining the parkway of the unlawful presence of the item. Sec 15-80: Tree Planting (A) General Standards (1) The city retains the right to plant parkway trees wherever needed in conformance with this chapter. (2) The city will replace all trees removed from the parkway if replacement is recommended by the Director of Public Works, Street Superintendent, or their authorized representative. (3) No person shall, without a written approval from the Director of Public Works, remove, trim, or interfere with any tree, shrub, or woody plant growing in any parkway in the city. (4) Trees to be planted shall conform to all relevant portions of the ANSI Z60.1 standard, as shall planting methods. Minimum planting size shall be 1.5" caliper, and any production method is acceptable at the discretion of the Director of Public Works, Street Superintendent, or their authorized representative. (5) Trees with excessive deadwood, poor form, known pest or disease issues, or other such maladies shall not intentionally be planted on City parkways. The Director of Public Works, Street Superintendent, or their authorized representative shall examine upon inspection in the nursey field and/or upon delivery all trees, and shall reserve the right to reject any individual trees which do not meet stated standards as identified in the Request for Proposals and/or bid documents. (6) Trees should be planted such that there are never less than 5 species per 500 linear feet of street segment, and no 5 trees in a row shall be of the same species, unless at the discretion of the Director of Public Works, Street Superintendent or their designee. (7) Trees shall be planted in such a way so as not to interfere with underground or overhead utilities or with any other physical property. (8) All new plantings in parkways should be a 40 foot on center spacing when practical, with exceptions allowed for the planting of lower growing trees allowed to be planted closer to larger growing trees, but no less than a 25' spacing between trees of any kind shall be acceptable. (9) No tree shall be planted within 5 feet of a driveway or street sign, and no tree shall be planted within 10 feet of an intersection, traffic control device, or street lamp (10) Trees which reach a mature height of greater than 25' shall not be planted in areas with overhead power transmission or service lines. (B) Plant palette. (1) Plant materials, identified in the Appendix A of the Urban Forestry Management Plan and at the discretion of the Director of Public Works, Street Superintendent, or their authorized representative, have been selected to maintain a consistent landscape image. Materials have been chosen for their durability, disease resistance, low maintenance and character compatibility with the regional ecosystem. Most all plant materials listed are 'indigenous or native' to this region; however, some materials have been included Ordinance 24-0-0012 Page 5of9 ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] because of successful performance, ability to perform specific functions, visual interest and expectations of similar business center development landscapes. Subsequently, plant materials not listed may be approved provided they meet the aforementioned criteria and are approved by the authority, as noted. (2) All plants supplied shall conform to the "American Standard for Nursery Stock," latest edition, and shall be installed according to the current standards of the American Association of Nurserymen. (3) Plants shall be selected to minimize conflicts between the flight path of planes, bird, and small mammal habitats. (a) The landscape within the airport zoning district shall be designed to minimize potential wildlife hazards of raptors, small mammals that may attract birds of prey and small birds that congregate into large flocks. Plant materials and planting design that provides food and or habitat shelter to these types of birds and mammals shall be avoided. (b) Tree species shall be selected and located so that at maturity, tree crowns shall not overlap to minimize habitats that are potentially attractive to European starlings and other wildlife species of concern to airport operations. Trees shall be spaced to maintain a minimum of fifteen ( 15) feet between anticipated mature crown sizes for each tree species selected. ( c) Selected tree species should tend toward a vertical or ascending branching habit to minimize perching and nesting opportunities for birds. Densely branched and foliated tree species shall not be allowed. ( d) Trees, shrubs, forbs and grasses that provide fruit, seed or forage palatable to grazing animals shall be avoided. Sec 15-81: Tree Pruning and Other Maintenance: (1) All trees on publicly owned Right of Ways (including but not limited to parkways, public parks, city owned properties such as police stations, pump stations, etc.) shall be the property of the City of West Chicago, and should not be pruned, removed, or otherwise tampered with or destroyed by the adjoining resident, or anyone other than City staff or Contractors hired by the City, without being subject to the penalties listed below. (2) Trees shall be maintained at a street clearance height of no less than 14' to allow for truck traffic on streets where truck traffic is allowed. On streets where no truck traffic is allowed, the street clearance height shall be a minimum of 10'. (3) Cyclical pruning shall take place each year to prune a portion of the trees in order to maintain health and vigor, and maintain a lower risk tree population. Such pruning shall conform to ANSI A300 and Z133.1 standards as applicable, and as approved by the Director of Public Works, Street Superintendent or their authorized designee. (4) Cyclical pruning shall be performed for the following reasons: street clearance, lamp and signage clearance, sidewalk clearance, thinning of the canopy as needed, removal of dead limbs, mitigating branch conflicts, establishing good branch structure, and Ordinance 24-0-0012 Page 6of9 ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] mitigating pest and disease issues, and others as noted by the Director of Public Works, Street Superintendent or their authorized designee. (5) Pruning by contractors or in house staff shall conform to all relevant ANSI A300 and Z 13 3 .1 standards, and shall avoid header cuts, topping, lion tailing, pruning more than 20% of a crown in a single calendar year, and other poor management processes. Variances to this ordinance may be allowed Director of Public Works, Street Superintendent or their authorized designee. (6) Application of chemicals or other treatments to trees, including but not limited to foliar and trunk sprays, trunk injections, macro infusions, and ground applications for the prevention and elimination of disease and insect infestation shall be performed to meet the specific requirements of the species of tree and the particular disease or insect infestation which exists or threatens. It shall be the Director of Public Works, Street Superintendent or their authorized designee's responsibility to determine the need and extent of treatment requirements and make recommendations to the city. (7) All contractors performing work on trees shall have at least one certified arborist on staff and shall adhere to the insurance and tree maintenance standards described in the UFMP (8) Additional standards may be found in the Urban Forestry Management Plan Sec 15-82: Tree Management During Construction Trees shall be a consideration during all phases of construction or redevelopment projects where Right of Way, Parkway, or other public trees may be affected. Additional information may be found in the Urban Forestry Management Plan (1) For ROW, Parkway, or other Public trees to be retained during construction, a minimum 6-foot height fence shall be installed at the limits of the critical root zone of the tree, or as determined by the Director of Public Works, Street Superintendent or their authorized designee. Such fencing shall remain in place at all times, without exception. (2) Within the fenced tree protection zone, the following shall not be permitted under any circumstance: a. Storage of construction materials or liquids such as fuel or oil of any kind b. Movement or storage of construction equipment c. Storage of waste or refuse (3) Periodic inspections by the city shall be performed. If found to be in compliance, the fencing may be removed directly before the landscaping phase of the project. (4) A final inspection shall be performed by the city within 1 year of permit close to ensure that tree protection measures were successful. Sec 15-83: Relocation or Replacement Ordinance 24-0-0012 Page 7of9 ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] Trees, newly planted or mature, shall not be relocated from their current sites due to the negative potential impact on the tree's survivorship and therefore loss of investment by the City ( 1) Trees planned for and planted by the City shall have a 1-year replacement guarantee from the supplying nursery (2) If a tree perishes due to natural age or other such natural causes, the tree shall be replaced by the City. Sec 15-84: Variance (1) All appeals for variance to this ordinance shall be presented to the Tree Board in writing. The Tree Board will present the appeal to the City Council at the time of their regularly scheduled meetings. The appeal will be approved or denied by the City Council within a reasonable time frame. (2) The criteria considered for variance request are including but not limited to health, type and location of the tree(s) or any other special hardship (excluding financial) circumstances that would make the ordinance enforcement unreasonable, provided larger public benefit is achieved. Sec 15-85: Penalties (1) Violation of any clause in this ordinance directly related to injury or damage done to a tree shall be assessed at the rate of $150 per diameter inch of the impacted tree. (2) In cases where damage has been partial, the Director of Public Works, Street Superintendent or their authorized designee retain the right to determine what percentage of the tree was damaged and assess that portion of the fine. Sec 15-86: Exceptions In the event of an extreme and unpredictable event such as a catastrophic storm, certain portions of this ordinance may be waived by the Director of Public Works at their discretion, in order to save human life or abate severe property damage. Sec 15-87: Severability If any part, term or provision of this Ordinance is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the City shall be construed and enforced as if the Ordinance did not contain the particular section held to be illegal or invalid. Section 3. The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Section 4. Effective Date. This Ordinance shall be in full force and effect ten (10) days Ordinance 24-0-0012 Page 8of9 ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] from and after its passage, approval and publication in pamphlet form as provided by law. Section 5. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby appealed. PASSED, this __ day of 2024. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch Ferguson Alderman S. Dimas Alderman C. Swiatek Alderman J. Smith Alderman R. Stout Alderman J. Short Alderman J. Morano APPROVED as to form: City Attorney APPROVED this __ day of _____ __ , 2024. Mayor, Ruben Pineda ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: ___ _ Ordinance 24-0-0012 Page 9of9