The Barrington Hills Plan Commission is expected to vote on a proposed tree-preservation ordinance at its next meeting 6:30 p.m. Tuesday, Aug. 9, at 112 Algonquin Road.
Below is the agenda for this meeting, as provided by the commission.
Barrington Hills, IL 60010-5199 ~ 847.551.3000
VILLAGE OF BARRINGTON HILLS
Plan Commission
NOTICE OF SPECIAL MEETING
Tuesday, August 9, 2016 ~ 6:30 P.M.
Village Hall ~ 112 Algonquin Road
AGENDA
1. Call to Order & Roll Call
2. Public Comments
3. [Vote] Minutes July 11, 2016
4. [Vote] Tree Preservation Ordinance
5. Village Owned Property Discussion - East Side of Route 25
6. Trustee's Report
7. Adjournment
Chairman: Kenneth Bosworth
NOTICE AS POSTED
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Chapter 6
TREE PRESERVATION
4-6-1: INTENT AND PURPOSE:
4-6-2: DEFINITIONS:
4-6-3: ADMINISTRATION:
4-6-4: GENERAL REQUIREMENTS:
4-6-5: CONSTRUCTION STANDARDS:
4-6-6: REPLACEMENT:
4-6-7: APPEALS:
4-6-8: TABLES:
4-6-1: INTENT AND PURPOSE:
The intent of this Chapter is to ensure the presence and continuation of Heritage Trees,
a special natural resource is found throughout the Village of Barrington Hills by requiring
sound forestry practices, preventing storm water runoff and topsoil erosion. It is also the
intent of this Chapter to assist, promote and educate its residents as to the importance,
protection and existence of Heritage Trees. Residents of the Village will then continue to
enjoy all the benefits of living in the unique environment of Barrington Hills, because the
Village strives to protect the health, safety and welfare of its residents from situations
which may substantially alter the natural environment. This will be accomplished by
regulating how Heritage Trees may be removed and replaced, whether as a result of
building construction or as a result of only landscaping activity.
The intent of this Chapter is to ensure the presence, conservation and perpetuation of
Heritage Trees within the Village, and to educate residents about their existence and
the importance of protecting them. Heritage Trees are a unique natural resource found
throughout the Village of Barrington Hills that have a positive impact on animal habitat,
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air and soil quality, as well as watershed and invasive species management. By
preventing situations that may substantially alter the natural environment, the Village
aims to protect the health, safety and welfare of residents, while also ensuring that they
may continue to enjoy all the benefits of living in the unique environment of Barrington
Hills. This may be accomplished by regulating how Heritage Trees may be removed and
replaced, as a result of building construction and/or landscape activity.
4-6-2: DEFINITIONS:
For the purpose of the regulations contained in this Chapter, the definitions contained in
this section shall be observed and applied, except when the context clearly indicates
otherwise. Words used in the present tense shall include the future, and words used in
the singular shall include the plural, and the plural the singular; the word "shall" is
mandatory and not discretionary; the word "may" is permissive; the masculine gender
includes the feminine and neuter. Whenever a word or term defined herein appears in
the text of this Chapter, its meaning shall be construed as set forth in the definition
thereof and any word appearing in parenthesis directly thereafter shall be construed in
the same manner.
BUILDING OFFICER: The building and zoning enforcement officer as defined in section
1-6-9 of this code.
CERTIFIED ARBORIST: A person, who based on training and experience, diagnoses
the condition of shade or ornamental trees, evergreens and shrubs and recommends or
supervises the treatment of any such trees, or in any manner treats any such trees, by
feeding or fertilizing, or by pruning, trimming, bracing, treating cavities or other methods,
has passed the ISA Certified Arborist exam and maintains his or her certification in good
standing with the International Society of Arboriculture (ISA).
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CERTIFIED FORESTER: A person who practices the art and science of forest
stewardship and natural resource management, and who has met the requirements to
be a Certified Forester and maintains his or her certification in good standing with the
Society of American Foresters.
CONDITION RATING: The condition of a Heritage Tree based on a six (6) point scale
set forth in table B of this Chapter with 1 being the best and 6 being the worst, for
purposes of determining the health of a Heritage Tree and whether the tree is subject to
regulations contained in this Chapter.
DIAMETER BREAST HEIGHT (DBH): The diameter of the trunk of the tree measured in
inches at a point of four and one-half feet (41/2') above grade.
GOOD CONDITION: A tree having a condition rating of 1 or 2, or 3 as set forth in table
B of this Chapter. Only trees of those ratings in a Woodland will be considered Heritage
Trees.
GROWING SEASON: The optimum planting time for the care and nurture of woody
plant stock during any one calendar year is when there is less than about 5 percent
chance for a frost until there is a about 95 percent chance for frost.
HERITAGE TREES: Trees of a size, genus and species indigenous to this region, as
set forth in Table A of this Chapter, are determined to be of significant historical and
ecological value to the Village of Barrington Hills to be protected trees. Such trees shall
be above the minimum have a condition rating good condition standard as listed of 1 or
2 as set forth in Table B of this Chapter.
MINIMUM ROOT ZONE: The area beneath a tree having as its center point the center
of the trunk of the tree and a radius equal to one foot (1') for every inch of DBH.
SITE: A lot, or contiguous lots, under the control of a common owner, for which a tree
removal permit was sought and obtained.
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SITE PLAN: A general illustration of the proposed work, its location, the use of the
building or structure, and all portions of the site, including but not limited to details of
grading, and structural, mechanical, sanitary and electrical work.
SURROUNDING AREA: Shall not include any area which is not on the same site as
that for which the tree removal permit was sought and obtained.
TREE: Any self-supporting, woody plant together with its root system, growing upon the
earth usually with one trunk, or a multi-stemmed trunk system, supporting definitely
formed crown.
TREE PRESERVATION PLAN (TPP): A plan directly overlaid on the site plan
indicating the location, species, condition rating and DBH of all Heritage Trees, and
includes a maintenance plan for three (3) growing seasons for all Heritage Trees,
consistent with the sound forestry practices, as found in Tables C and D of this Chapter.
TREE REMOVAL PERMIT (TRP): The permit required by this Chapter in order to
remove any Heritage Tree within a protected Woodland.
VILLAGE: The Village of Barrington Hills, in the Counties of Cook, Kane, Lake and
McHenry, in the State of Illinois.
WOODLAND: Eight (8) or more Heritage Trees on a site within a circular area having a
radius not to exceed 117.8 feet and shall include all such trees within the Woodland
regardless of the number of such trees. A site may encompass one or more than one
Woodlands.
4-6-3: ADMINISTRATION:
(A) Tree Removal Permit Required: A tree removal permit ("TRP") shall be required for
the destruction or removal of any Heritage Tree in any Woodland. No person shall,
directly or indirectly remove, damage or destroy a Woodland without having secured a
TRP.
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(B) Exemption:
1. This Chapter shall not apply to the removal of Woodlands pursuant to a forestry
management plan or nursery stock plan that is approved and administered by a
governmental agency with jurisdiction over such matters.
2. This Chapter shall not apply to the removal of Woodlands on property owned by a
common owner, either singularly, collectively or institutionally, which exceeds one
hundred (100) acres of contiguous land in the Village so long as the property is subject
to a tree preservation plan acceptable to the Village. Such a plan, which shall have
been prepared by or endorsed by a Certified Arborist or Certified Forester, may be
accepted by the Village's Plan Commission and shall, at a minimum, include the forestry
management practices found in Tables C and D of this Chapter to preserve and protect
Heritage Trees.
(C) Application And Fee: A tree removal permit (“TRP”) application on the prescribed
form shall be submitted to the Village Building Officer with the permit fee established by
the Village.
(D) Application Procedure:
1. Construction Permit: The applicant shall submit a tree preservation plan ("TPP") to
the Village Building Officer with his application for a TRP in conjunction with
construction when a building permit is required by the provisions of this Title.
a. The TPP shall consist of two (2) legible reproducible site plans, drawn to scale, of a
tree survey of all Heritage Trees in the designated Woodland, overlaid directly upon the
site plan, including the location, species, DBH, and condition as rated in accordance
with the standards in Table B of this Chapter.
The survey shall distinguish among the Heritage Trees to be preserved, transplanted, or
destroyed. Groups of trees which are less than three feet (3') apart may be designed by
clumps, provided that all Heritage Trees and all other trees with a DBH of twelve inches
(12") or greater shall be individually depicted on the TPP.
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b. The Building Officer in consultation with the Village Arborist may permit the TPP to
exclude areas of the site from the tree survey if he determines that the proposed
construction or other activity will not impact those areas.
c. The TPP shall include a maintenance plan for all Heritage Trees, consistent with the
forestry practices found in Tables C and D of this Chapter, to ensure the protection of
the trees for a period of at least three (3) growing seasons from the planting of the
tree(s).
2. Non-construction Permit: When no building permit is required, the applicant shall
submit the following with his application for a TRP:
a. Site plan that depicts the area of the tree removal, the Heritage Trees to be removed,
and all other Heritage Trees whose minimum root zone is within the tree removal area.
All Heritage Trees shall be identified by location, species, DBH, and condition as rated
in accordance with the standards in Table B of this Chapter.
b. Reasons for removing the Heritage Trees, including reports or studies, if any,
indicating that the trees should be removed.
3. Application Review: Upon receipt of a completed application including the TPP and
the required fee, the Building Officer shall review the application, which, if deemed
necessary, may include a site inspection by the Village Arborist.
(E) Escrow:
(1) If tree replacement is required by this Chapter, then as a condition of the TRP, the applicant
shall place into escrow with the Village an amount of money in cash equal to the tree
replacement value, as determined by the Village Arborist. The escrowed funds shall be
returned to the applicant in the following manner: 1/2 of the escrow shall be refunded upon
tender to the Village of an executed contract to purchase the trees required by the TRP and the
remaining 1/2 of the escrow shall be refunded upon verification that the new tree(s) are planted
in conformance with the TRP. Failure to plant the tree(s) in compliance with the TRP shall
result in forfeiture of the Escrow, which shall then be used by the Village to plant trees as
required by the TRP. Access to the applicant’s property shall be granted for such work to be
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completed in accordance with the TRP. The Village Arborist shall maintain a current schedule of
cost including planting expenses for replacement of trees which shall serve as the basis for
computation of the required cash escrow.
2. If it is determined that practices which violate any portion of the Village Code have resulted in
tree damage, then the Village may require an escrow payment be made to the Village, equal to
the replacement value of the damaged tree(s) as determined by the Village Arborist. The cash
escrow shall be held by the Village for the purpose of assuring that all remedial actions required
by the Village to restore the health of the tree(s) are taken, and/or for the purpose of assuring the
appropriate tree replacement should any damaged trees die or show noticeable signs of decline
as determined by the Village Arborist.
4-6-4 GENERAL REQUIREMENTS:
(A) The Building Officer shall grant a TRP only if:
1. All reasonable efforts have been undertaken in the architectural layout and design of
the proposed construction or other activity to preserve Woodlands; or
2. The removal of the Heritage Trees is consistent with sound forestry practice found in
Table C or will result in the enhancement of the Woodland; and
3. The transplanting of the Woodlands is not feasible.
(B) As a condition to granting a TRP, the applicant shall be required to replace the
Heritage Trees that will be removed in accordance with Section 4-6-6 with those tree
species identified in Table A of this Chapter. Replacement trees shall be acquired and
planted in conformance with Tables C and D of this Chapter.
(C) A TRP shall expire and become null and void if work authorized by the TRP is not
commenced within one growing season from the date of issuance of the TRP, or within
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any other time agreed to by the Village in writing, or if such work, when commenced, is
suspended or abandoned at any time for a period of greater than ninety (90) days,
without the Village’s written agreement to any suspension. Upon good cause shown, the
TRP may be extended six (6) months by the Building Officer.
(D) Except as set forth herein no certificate of compliance as required by Section 5-1-3
of this Code shall be issued until any required replacement of Heritage Trees, as
required by the TRP, has been completed and after three growing seasons, the final
tree inspection approval has been given by the Building Officer in consultation with the
Village Arborist.
Exception: Upon good cause shown as to why the required replacement of Heritage Trees has
not been completed, the Building Officer may issue a temporary certificate of compliance for a
period of six (6) months to allow occupancy of a home on the property while until the TRP has
been completed, and final tree inspection conducted. In addition to the loss of the cash escrow
required under this by Section 4-6-3 (E) of this Chapter, the failure to complete the TRP within
the six (6) month extension period shall result in a violation of this Chapter, and shall be subject
to the general penalties and procedures set forth in Chapter 4 penalty procedures provided in
Section 1-4-1 of the Village Code.
(E) In the event the completion of the required Heritage Trees TPP is prevented by
seasonal weather conditions, or availability of plant stock, the Building Officer, in
consultation with the Village Arborist, may extended the date of completion by six (6)
months into the next growing season.
(F) The TRP shall be in a written form and shall be prominently posted on the site so as
to provide notice to the owner, owner's agent, and to all persons working or seeking to
work on the site. The TRP shall state the conditions under which forestry activities are
occurring on the site and any other information that may assist in the identification of the
TRP.
4-6-5: CONSTRUCTION STANDARDS:
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(A) During construction, the TPP shall be followed to prevent the destruction or
damaging of Heritage Trees including unless otherwise authorized by the TPP, a fence
erected and maintained so that no excess soil, additional fill, equipment, liquids, or
construction debris shall be placed within the minimum root zone of any Heritage Tree,
unless the addition of excess soil or fill is required in order to comply with the Lake
County Watershed Development Ordinance found in Section 4-2-10 of this Title.
(B) The area of the site included within a TPP shall not have other plantings or
landscape additions planted that will serve to prevent or hinder in any way the planting
of the required replacement Heritage Trees.
(B) (C) Heritage Trees in a TPP that are damaged or as determined by the Building
Officer, in consultation with the Village Arborist, shall be required to be replaced by
Heritage Trees of equal DBH in the aggregate, in accordance with Section 4-6-6, with
those tree species identified in Table A of this Chapter. Replacement trees shall be
acquired and planted conformance with Tables C and D of this Chapter.
4-6-6: REPLACEMENT:
(A) Replacement in Kind:
1. In the event that a person shall remove, or damage or destroy a Heritage Tree in a
Woodland without having secured a TRP, in addition to the general penalty provided in
Section 1-4-1 of the Village Code, he shall plant, within the growing season, a
replacement tree or trees on the site within ninety (90) days of written notice from the
Village. The failure to plant the replacement tree(s) shall constitute a violation of this
Chapter, and each day that the replacement tree is not planted shall constitute a
separate offense.
2. The replacement tree(s)required by this Section shall be a species listed in Table A of
this Chapter and the replacement tree(s) shall equal the aggregate DBH of the
damaged or destroyed removed Heritage Tree(s). Replacement trees shall be acquired
and planted in conformance with Tables C and D of this Chapter.
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3. Replacement trees required by this Section shall be maintained alive and healthy on
the site for three growing seasons. Methods should be used as found in Table D of this
Chapter to provide for protection of the replacement trees from deer. Any such
replacement tree(s) which dies or becomes severely damaged before the end of the
third growing season of planting shall be replaced by the applicant in conformance with
Tables C and D of this Chapter at the next growing season, upon written notice from the
Building Officer.
(B) Contribution in-lieu of Replacement:
In order to fulfill some or all of the TRP’s requirement for replacement of Heritage Trees, after
providing a TRP for the planting of a Woodland on the site, a fee in lieu of the equal value of the
remaining replacement tree(s) may be paid to a governmental or non-profit natural resources
management entity to fund a program involving the restoration, establishment, enhancement, or
preservation of Heritage Trees in the Village.
DISCUSSION
Concept has been proposed to consider a TREE BANK being a repository of Heritage Trees
available to property owners in the area of an TRP that is completed only to the extent of
establishing a Woodland and paid by the fee from the remainder of the TRP.
4-6-7: APPEALS:
Any person aggrieved by a plan review, action taken, or order issued, other than a stop
work order issued pursuant to subsection 4-1-7(C) of this title, may appeal to the
Barrington Hills Plan Commission in accordance with the notice and appeal provisions
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of subsection 4-3-4(D) of this title, upon payment of a filing fee of one hundred dollars
($100.00).
4-6-8: TABLES:
TABLE A HERITAGE TREES
FOR SPECIES VARIETY FOR SAVING AND PLANTING
Additional upland species to consider
Butternut
Blue Beech
Catalpa
Pawpaw
Ohio Buckeye
Additional low land species to consider
Species Diameter at Breast Height
(DBH)
Common Name Scientific Name
Oak (all species) Quercus spp. 10 inches or greater
Hickory (all species) Carya spp. 8 inches or greater
Ironwood Ostrya virginiana 6 inches or greater
Wild Black Cherry Prunus serotina 8 inches or greater
Hackberry Celtis occidentalis 8 inches or greater
Black Walnut Juglans nigra 8 inches or greater
Basswood/Linden Tilia americana 10 inches or greater
Sugar Maple Acer saccharum 10 inches or greater
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American sycamore
Red Maple
River birch
TABLE B CONDITION RATING
Rating Description General Criteria
1 Excellent The tree is typical of the species, has less than 10 percent
deadwood in the crown that is attributable to normal causes, has
no other observed problems, and requires no remedial action.
2 Good The tree is typical of the species and/or has less than 20 percent
deadwood in the crown, only 1 or 2 minor problems that are easily
corrected with normal care.
3 Fair The tree is typical of the species and/or has less than 30 percent
deadwood in the crown, 1 or 2 minor problems that are not
imminently lethal to the tree and no significant decay or structural
problems, but the tree must have remedial care above normal care
in order to minimize the impact of future stress and to ensure
continued health.
4 Fair to poor The tree is not typical of the species and/or has significant
problems such as 30 to 50 percent deadwood in the crown, serious
decay or structural defect, insects, disease or other problems that
can be imminently lethal to the tree or create a hazardous tree if
not corrected in a short period of time or if the tree is subjected to
additional stress.
5 Poor The tree is not typical of the species and/or has over 50 percent
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deadwood in the crown, major decay or structural problems, is
hazardous or is severely involved with insects, disease, or other
problems that even if aggressively corrected would not result in the
long term survival of the tree.
6 Dead Less than 10 percent of the tree shows signs of life.
TABLE C STANDARDS
This Table lists the standards and organizations that are referenced in various sections of this
ordinance. The standards are listed herein by the promulgating agency of the standard, the
standard title and the effective date. The section or sections of the Ordinance that references the
standard shall be specified as found in Table C.
American National Standards Institute (ANSI) www.ansi.org
ANSI ASC A300 (tree care)
ANSI Z133 (safety, arboricultural operations)
ANSI Z60.1 (nursery stock)
American Standard for Nursery Stock www.americanhort.org
IDNR, Div. Forest Research, “Urban and Community Forestry Program Tree Planting
Standards” 1999 Springfield, Illinois
Illinois Landscape Contractors Association www.ilca.net
International Society of Arboriculture www.isa-arbor.com
NRCS, “Illinois Urban Manual Tree and Shrub Planting” August, 1994
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NRCS, “Tree Protection” April, 2000
Society of American Foresters www.safnet.org
University of Illinois Extension, Plant Clinic web.extension.illinois.edu/plantclinic
TABLE D PICTURES AND ILLUSTRATIONS
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