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HomeMy WebLinkAbout050-O-23 Amending Title 7, Chapter 8 of the City Code Concerning The Protection of Public Trees5/22/2023 50-O-23 AN ORDINANCE Amending Title 7, Chapter 8 of the City Code Concerning The Protection of Public Trees WHEREAS, the urban tree canopy is a valuable infrastructure and a resource that provides numerous benefits to the City, its members, and to other plants and wildlife; WHEREAS, the City of Evanston recognizes climate action and climate resilience as critical to the quality of life of the entire community, and released a Climate Action Resilience Plan (CARP); WHEREAS, the appropriate and effective management of trees in the City promotes the health of the urban canopy; WHEREAS the Evanston City Council finds it is in the best interests of the City to amend the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 7-8-3 “Permit Required For Each Job” of the Evanston City Code of 2012, as amended, is hereby amended as follows: ~1~ Page 1 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 7-8-3. PERMIT REQUIRED FOR EACH JOB. It shall be unlawful for any person to plant, remove, trim, spray or otherwise treat impact any tree on any parkway or other public place within the City, unless such person shall first apply for and obtain a permit from the Public Works Agency Director or his/her designee a permit for each job of planting, removing, trimming, spraying or otherwise treating impacting trees, to be undertaken by such person. Such permit shall contain a detailed statement of the nature of the work proposed and permitted to be done upon such trees, and it shall be unlawful for such person, acting under such permit, to violate any of the provisions of such permit. Such permit shall be issued free, and only to a Certified Arborist by the International Society of Arboriculture. Proof of said certification is required. Any activity, including planting, removing, trimming, spraying, or otherwise impacting a public tree, shall conform to internationally recognized standards of tree management, including ANSI 300 or similar. Application, information shown; examination. Applications for the permit required herein shall be made directly to the Public Works Agency Director or his/her designee and shall contain the name and address of the applicant, if an individual; the names and addresses of the principal officers, if a corporation; and the names and addresses of the members, if a partnership, together with a brief statement of the experience of each such person in such business. No permit shall be issued unless and until the applicant submits a certificate of insurance naming the City as an additional insured. SECTION 3: Section 7-8-4-1 “Restricted Parkway Plantings” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-4-1. - RESTRICTED PARKWAY PLANTINGS. (A) Plantings Prohibited In Certain Places. No tree shall be planted in parkways or other public places unless it is located at least fifteen (15) feet from any crosswalk or intersecting street or alley. It shall be unlawful to plant, install or maintain any shrub, perennial, ornamental grass or annual in the parkway of any street that matures at a height over three (3) feet and it shall be unlawful to plant or install any shrub, perennial ornamental grass or annual without first obtaining a permit from the Director of the Public Works Agency or his/her designee. (B) Planting Permits Required. Permits issued under this Section shall contain a description of the proposed location of the planting, type of planting, nature of maintenance required and a statement of intent by applicant to maintain said plantings for a minimum of three (3) years. Permits shall be issued free of charge. ~2~ Page 2 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 (C) No permits will be issued for any person to plant any tree, bush or shrub in the parkways or other public places of the City or where the same will injure the sewer or drains of the City. Tree species shall be chosen for parkways and other public spaces according to site conditions, including without limitation, site use, soil, available sun, and presence of utilities. (D) Temporary Fencing Allowed. Temporary fencing for the purpose of restoring landscaped parkway is allowed one (1) time for up to eight (8) weeks between March 15 and November 15 each year without a City permit. The temporary fencing shall consist of posts and/or stakes that are twenty-four (24) to thirty-six (36) inches in height and comprised of flexible, non-metal material and string and/or twine that is tightly wrapped around the posts to protect the parkway area being restored. Residents are responsible for maintaining the temporary fence in a neat and erect position. Residents must sign an indemnification agreement with the City prior to erecting such temporary fencing. SECTION 4: Section 7-8-6-1, “Nuisances Declared,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-6-1. - NUISANCES DECLARED. (A) Infected Trees. All species and varieties of elm trees (trees of genus Ulmus) infected with the fungus known as Dutch elm disease (Ceratocystis ulmi) as determined by laboratory analysis by the Section of applied botany and plant pathology, Illinois natural history survey, or other such laboratories, are hereby declared to be public nuisances. (B) Infested Trees. All species and varieties of ash trees (trees of genus Fraxinus) infested with the emerald ash borer (Agrilusplanipennis Fairmarie), are hereby declared to be public nuisances as determined by two (2) or more visual symptoms as listed herein: basal sprouting, bark fissures, woodpecker damage (holes), one-eighth inch (⅛") D shaped holes, presence of larvae or the adult emerald ash borer (Agrilusplanipennis Fairmarie), bark falling off exposing S shaped galleries. (C) Certain Dead Trees. All species and varieties of elm or ash trees that are dead or substantially dead, and all dead elmwood or ashwood to which the bark is still attached, which, because of their condition, may serve as a breeding place for the European elm bark beetle (Scolytus multistriatus) and the native elm bark beetle (Hylurgopinus rufipes) or the emerald ash borer (Agrilusplanipennis Fairmarie), are hereby declared to be public nuisances. SECTION 5: Section 7-8-7-2, “Injection Program,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-7-2. - INJECTION TREATMENT PROGRAM. Page 3 of 17 ~3~Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 The City hereby establishes an elm tree injection treatment program for healthy American elm and red elm trees on City property, including parkways as defined in Subsection 7-8-7-1 of this Section and parks (owned and leased). (A) Injections will occur every three (3) years. Trees will be treated according to the most current best practices for the proposed treatment, including the most appropriate treatment cycles and protocols. (B) Injections will be done only on signature trees thirty inches (30") or more in diameter. (C B) Injections will not be done on any p Public American elm or red elm tree located within the root graft zone of an adjacent private elm tree may not be eligible for treatment. The City manager or designee may choose to withhold treatment if the private elm tree shows signs of infection. Treatment eligibility will be determined according to best practices recognized by industry professionals. Exceptions to this Subsection (C) will be made if: 1. The owner of the adjacent private American elm and/or red elm tree agrees to have that private elm injected in conjunction with the injection of the public elm at his/her own cost; or 2. The owner of the adjacent private American elm and/or red elm tree can show proof that the private elm tree was injected within the previous twenty-four (24) months; or 3. The adjacent private American elm and/or red elm tree is ten inches (10") or more in diameter, and has been inspected and certified to be free of Dutch elm disease prior to the injection of the public tree. SECTION 6: Section 7-8-8-1, “Purpose and Intent,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-1. – PURPOSE AND INTENT. A. Purpose and intent. This Chapter governs the maintenance, protection, removal and replacement of existing public trees, private trees located on any parcel of two (2) acres or more planned for a subdivision, and private trees within a planned development within the City of Evanston, in order to protect and preserve the urban landscape and to fulfill the objectives identified in the Evanston Comprehensive Plan. B. Objectives. Trees are considered to be valuable infrastructure that contribute numerous benefits to the community. The protection of trees as a valuable community resource also accomplishes the following objectives: ~4~ Page 4 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 1. Stabilize valuable topsoil by preventing or minimizing unnecessary soil erosion and sedimentation; 2. Assist in proper stormwater runoff in order to decrease the costs associated with flooding; 3. Protect the important link in the hydrologic cycle that trees provide through the transpiring of water and the neutralization of wastes that pass through to the groundwater table and other aquifers; 4. Aid in the reduction of air pollution through the removal of harmful carbon dioxide and the generation of oxygen; 5. Provide a buffer and screen against noise pollution; 6. Provide a haven and nesting areas for birds, insects, and other forms of wildlife that are essential to the maintenance of the food chain and that help control and eliminate disease- carrying mosquitoes; 7. Reduce energy consumption through the windbreak and shade effects of trees; 8. Protect and increase property values in a manner that maintains each property owner's enjoyment of his or her property; 9. Conserve and enhance the City's physical and aesthetic environment; 10. Eliminate trees that constitute a threat, danger, or nuisance to the public or to property in the City, or that may be dangerous to the health of other trees and vegetation in the City; 11. Protect and enhance the quality of life and the general welfare of the City and its residents; and 12. Restore, to the greatest extent possible, denuded soil that results from construction and grading work accompanying development. SECTION 7: Section 7-8-8-7, “Tree Replacement,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-7. - TREE REPLACEMENT. A. General requirements. Any protected tree damaged or removed in the course of a regulated activity must be replaced by the applicant pursuant to this Section and as depicted in a tree replacement plan pursuant to Subsection 7-8-8-7.I of this Section, regardless of whether the protected tree is located on the same lot on which the regulated activity takes place; except, that the City Manager or his/her designee may, pursuant to Subsection G of this Section, consider a request to submit a fee in lieu of the replacement of trees, and except for the exemptions in Subsection B of this Section. No replacement tree may have a caliper less than two and one-half (2½) inches. ~5~ Page 5 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 B. Exemptions. Tree replacement will not be required if the City Manager or his/her designee determines that any of the following circumstances exist: 1. When a protected tree, due to natural causes, is dead, dangerous, or interferes with any existing or proposed public improvements, is in dangerous proximity to any public utility lines or related facilities, or is a diseased tree or dangerous tree or otherwise unsafe, unhealthy, or insect infested and constitutes a hazard to persons, property, or other trees. 2. When a protected tree, due to natural causes, obstructs any street, sidewalk, or any pedestrian path to an extent that the protected tree interferes with free passage and clear view along the street, sidewalk or path, and at any street, alley or driveway intersection. 3. When removal of a protected tree is necessary to comply with the current standards generally observed by professionals in the forestry profession. 4. When the removal involves only the removal of class D trees or exotic and invasive species and does not involve any protected tree. 5. When the protected tree to be removed is located within the foundation footprint of an addition which creates additional gross floor area for an existing structure; provided, that the combined gross floor area for the existing structure and the addition is compliant with the maximum gross floor area restrictions for the structure under this Code and that the addition does not require any variations. In this event, replacement trees will be required only for fifty (50) percent of the removed protected trees within the construction footprint, at the replacement rate set forth in Subsection C of this Section. 6. When the protected tree to be removed is located within the foundation footprint of an addition which creates additional gross floor area for a structure designated as a landmark pursuant to this Code; provided, that the combined gross floor area for the existing structure and the addition is compliant with the maximum gross floor area restrictions for the structure under this Code, that the addition does not require any variations, and that the City Historic Preservation Commission has conducted an advisory review pursuant to this Code and determined that the addition is consistent with the purposes and goals of the City Historic Preservation Commission regulations. In this event, replacement trees will not be required for the removed protected trees within the construction footprint. 7. When the removal of a protected tree is due to a pre-existing conflict with existing underground utilities and obstructs the repair or replacement of those utility services, and there is no reasonable alternative method to re-route the utility line to avoid removal of the tree. C. Replacement formula. Protected trees must be replaced by group A trees pursuant to the replacement rate specified in this Subsection. The tree replacement rate is determined by the species of tree removed. For each inch of dbh removed, replacement trees must be provided at the rate shown in the following table. For example, for every inch in diameter of a removed ~6~ Page 6 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 group A tree, each inch removed must be replaced with one and one-quarter (1.25) inches in diameter of replacement trees: Species Removed Diameter Of Tree Removed Replacement Rate All public trees 1 inch 125 percent Group A 1 inch 125 percent Group B 1 inch 75 percent Group C 1 inch 50 percent D. Specifications. All replacement trees must be: 1. Provided by the applicant at the replacement rate specified in Subsection C of this Section; 2. Of a species listed in group A set forth in Appendix A, Subsection 7-8-8-13 of this Section; 3. At least two and one-half (2½) caliper inches; 4. Grown within the northeast Illinois region or within a seventy-five-mile radius of Evanston; 5. In conformance with the nursery stock standards; provided, however, that in the event that the implementation or enforcement of the nursery stock standards conflicts with the implementation or enforcement of the tree care standards, the provisions of the tree care standards will control; 6. Pursuant to a written time schedule approved by the City Manager or his/her designee; 7. Planted in a location approved in advance by the City Manager or his/her designee; and 8. Inspected by the City Manager or his/her designee prior to planting. E. Care of replacement trees. The applicant will be solely responsible for the care and feeding of newly planted trees for a period of two (2) years, which time shall commence upon the issuance of a final certificate of occupancy for the property as required pursuant to the City building regulations or, if no final certificate of occupancy is required, upon completion of the tree replacement plan as determined by the City Manager or his/her designee pursuant to Subsection I of this Section. The care and feeding of newly planted trees must, at a minimum, adhere to the tree care standards. F. Alternative locations. The City Manager or his/her designee may reduce the number of replacement trees to be planted on the subject property and designate alternative locations for new trees on the subject property upon determining that full tree replacement will result in unreasonable crowding of trees or would be otherwise inconsistent with current standards generally observed by forestry professionals. If the City Manager or his/her designee cannot ~7~ Page 7 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 identify an appropriate alternative location on the subject property for a tree, that tree may be replaced by a fee in lieu of replacement pursuant to Subsection G of this Section. G. Fee in lieu of replacement. 1. Modification of tree replacement requirement. The City Manager or his/her designee may permit the applicant to pay a fee in lieu of any portion of the tree replacement requirements if the City Manager or his/her designee determines that replacing trees at the full replacement rate provided by Subsection 7-8-8-7.C of this Section would: a. Result in the unreasonable crowding of trees upon the subject property or upon a public right-of-way immediately adjacent to the subject property; or b. Adversely impact the viability of existing trees on the subject property; or c. Not be consistent with the current standards generally observed by professionals in the forestry profession. 2. Calculation of fee. Upon a determination by the City Manager or his/her designee that an applicant has demonstrated one (1) or more of the above, in lieu of providing replacement trees at the required replacement rate, the tree replacement plan will be modified to require the applicant to: a) replace the tree(s) at the replacement rate in Subsection 7-8-8-7.C of this Section; and b) pay a tree replacement mitigation fee of one hundred fifty dollars ($150.00) per caliper inch diameter inch using the mitigation formula: (DBH removed tree x coefficient x cost of planting one replacement tree) / (caliper inch of replacement trees) = mitigation fee in lieu of number of replacement trees. The most current tree replacement practices and rates (such as standard caliper inch of replacement trees and cost of planting one replacement tree) shall be publicly available in the City’s Tree Canopy Preservation Policy. This mitigation fee represents the value of trees as a resource that provides benefits to the ecosystem and to Evanston as a community. All tree replacement mitigation fees collected by the City will be used to promote the purposes of planting managing and maintaining a healthy urban tree canopy trees in the City. H. Waiver or modification of provisions. Where a previous zoning or subdivision approval contains conditions which fully accomplish the goals and purposes of this Section, the City council may waive or modify the requirements of this Section. The waiver or modification may be revoked at any time that any condition imposed pursuant to the approval is violated. I. Tree replacement plan. 1. Required. A tree replacement plan must be filed with all tree permit applications for a regulated activity involving the replacement of one (1) or more protected trees. 2. Contents of plan. A tree replacement plan must contain the following information: a. A brief description of the applicant's plan for the replacement of protected trees in accordance with the requirements in this Section. The description must specifically include, ~8~ Page 8 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 without limitation, the replacement and planting methods and technologies that the applicant intends to employ in order to satisfy the requirements of this Section. b. The number, size, species, and proposed location of the trees that the applicant is required to plant or replant, if any, pursuant to the requirements of this Section. c. Other data and information as the City Manager or his/her designee deems necessary in order to comply with the requirements of this Section, as set forth in the administrative manual. 3. Inspection; compliance with plan. Upon notification from the applicant that the requirements of the tree replacement plan have been completed, the City Manager or his/her designee will inspect the property to determine compliance with the tree replacement plan. No final certificate of occupancy may be issued for the property until the City Manager or his/her designee approves of the implementation of the tree replacement plan. J. Security requirements. 1. Security required. Every tree replacement plan must be accompanied by a tree replacement security, except as modified or waived by the City Manager or his/her designee pursuant to Subsection J.5 of this Section. The tree replacement security must consist of: a. A cash deposit to be held in escrow by the City; b. An irrevocable letter of credit issued by a lender authorized to issue the letter by any state or by the United States; c. A bond with good and sufficient surety; or d. Another form of security approved by the City Manager. 2. Amount. The amount of the tree replacement security will be determined by the City Manager or his/her designee and must be equal to three (3) times the total actual cost of strictly complying with and fully implementing the tree replacement plan, with any applicable adjustment for cost of living increases and/or inflation. 3. Replenishment of security. If, at any time, the City Manager or his/her designee determines that the funds remaining in the tree replacement security are not or may not be sufficient to pay, in full, the total actual costs of strictly complying with and fully implementing the tree replacement plan, then, within ten (10) days following a demand by the City, the applicant must increase the amount of the tree replacement security to an amount determined by the City Manager or his/her designee to be sufficient to pay the uncovered costs. Failure to so increase the amount of the tree replacement security will be grounds for the City to retain or draw down any remaining balance of the tree replacement security. 4. Return of security. Upon completion of the tree replacement plan pursuant to Subsection I.3 of this Section, the tree replacement security, or any remainder thereof, will be returned or released to the applicant. ~9~ Page 9 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 5. Limited waiver. Where a tree permit application concerns the damage or removal of trees unrelated to construction activity, the City Manager or his/her designee may, modify or waive the requirement for submittal of the tree replacement security if the City Manager or his/her designee determines that the tree replacement security is not necessary for the limited damage or removal and that the purposes of this Section will be fulfilled without submittal of the tree replacement security. K. Failure to comply. 1. Notice. If, at any time, the City Manager or his/her designee determines that the applicant has failed to comply with or implement the tree replacement plan, the City Manager or his/her designee will cause notice of the failure to be served upon the applicant and will order the applicant to fully comply with the tree replacement plan within fourteen (14) days following mailing or personal delivery of the notice. The notice must be personally served or sent by certified mail, return receipt requested, to the applicant and must notify the applicant that, absent an appeal pursuant to Subsection K.3 of this Section, unless full compliance with the tree replacement plan is achieved within fourteen (14) days from the date of mailing or personal delivery of the notice, the City may proceed to perform or cause to be performed work the City Manager or his/her designee determines necessary to achieve full compliance with the tree replacement plan. 2. Opportunity to comply. Absent an appeal pursuant to Subsection K.3 of this Section, within thirty (30) days following mailing or personal delivery of the required notice, the applicant must take action as is necessary to strictly comply with and implement the tree replacement plan. 3. Appeal. Within fourteen (14) days following personal delivery or mailing of the required notice, the applicant may appeal the City Manager or his/her designee's determination by filing a written notice of appeal with the City Manager. The filing of an appeal will toll the thirty- day period in which the applicant is required to take action pursuant to Subsection K.2 of this Section from the date on which the City Manager receives the applicant's notice of appeal. Upon receipt of a notice of appeal, the City Manager will review all reliable and relevant documents and information pertaining to the City Manager or his/her designee's determination. The City Manager must render a written decision on the appeal no later than fourteen (14) days after the City Manager receives the written notice of appeal. The City Manager must notify the applicant of the City Manager's decision within two (2) days after the decision and must provide the applicant a copy of the decision. The action taken by the City Manager will be final. The tolling of the thirty-day period will cease upon the applicant's receipt or notice of the City Manager's decision. 4. City right to complete work. If the applicant neglects or refuses to fully comply with and implement the tree replacement plan within the thirty-day period during planting season pursuant to this Subsection, then the City Manager or his/her designee, with the consent of ~10~ Page 10 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 the City Manager, and, if applicable, upon the denial of any applicable appeal, will be authorized to perform or to cause to be performed work necessary to ensure strict compliance with and full implementation of the tree replacement plan. The City Manager or his/her designee will have the right to deduct, liquidate, draw down, or apply an amount equivalent to three (3) times the actual costs of the work from the tree replacement security, as well as to exercise all other rights and remedies available to the City, including, without limitation, any applicable lien rights. SECTION 8: Section 7-8-8-12, “Penalties,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-12. - PENALTIES. Any person who neglects or refuses to comply with, violates, or assists in the violation of any of the provisions of this Chapter, or any order, permit, or notice issued pursuant hereto, will be subject to a fine of not less than one hundred dollars ($100.00), nor more than one thousand five hundred dollars ($1,500.00) for each violation. Each instance of damage to a tree or tree which is removed will constitute a separate violation. Each tree which is removed or damaged will constitute a separate violation. Each day any violation continues will constitute a distinct and separate violation. In addition to the penalties provided in this Section, any damaged or removed tree must be replaced pursuant to the tree replacement requirements of this Chapter. SECTION 9: Section 7-8-8-13, “Appendix A, Species Rating Guide,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-13. - APPENDIX A, SPECIES RATING GUIDE TREE CANOPY PRESERVATION POLICY The Tree Canopy Preservation Policy will be made available for inspection on the City’s website and in physical form at the City Clerk’s offices. This policy will include the city’s most current policies and practices according to such standards as best arboricultural practices, permit application requirements and procedures, fee and penalty schedules, and other urban forest management practices as applicable. The Policy shall include, without limitation: A. The intent of this guide is to identify tTree species groupings according to environmental and ecosystem value and contribution; by genetic quality and community value; survivability in the City’s climate; and to assign them to a species group based on these and other applicable two (2) criteria. The species groups are noted as A, B, C, and D. Species group A is the most highly rated group. Species group D is the lowest rated group and includes the tree species that are not protected in this Section. The species rating guide is the basis for assessing the relative value of trees to be protected and mitigated if they are damaged or removed. B. Most current rates for tree replacement and mitigation; ~11~ Page 11 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 C. Best practices for tree protection and preservation during construction or other regulated activity; D. Most current schedule of penalties and fines for damage to trees and other violations. This guide represents the tree species that are considered to be the most common tree species in the community. This guide is not an attempt to list all tree species that could successfully grow in the community. In the event that the City Manager or his/her designee encounters a tree species that is not listed in this rating guide, then it shall be the responsibility of the City Manager or his/her designee to assign that tree species to the appropriate species group. SPECIES GROUP A Canopy trees:  Acer saccharum Sugar maple  Aesculus glabra Ohio buckeye  Carya cordiformis Bitternut hickory Carya ovata Shagbark hickory  Celtis occidentalis Hackberry  Cladrastis lutea American yellowwood  Corylus colurna Turkish filbert  Fagus grandiflora American beech  Fagus sylvatica European beech  Gingko biloba Ginkgo (male)  Gymnocladus dioicus Kentucky coffeetree  Quercus alba White oak  Quercus bicolor Swamp white oak  Quercus ellipsoidalis Hill's oak  Quercus imbricaria Shingle oak  Quercus macrocarpa Bur oak  Quercus muehlenbergii Chinquapin oak  Quercus prinus Chestnut oak  Quercus rubra Red oak  Tilia Americana American linden (basswood)  Ulmus americana American elm ~12~Page 12 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 Understory/ornamental trees:  Acer campestre Hedge maple  Acer ginnala Amur maple  Acer griseum Paperback maple  Acer palmatum Japanese maple  Amelanchier Serviceberry  Carpinus caroliniana American hornbeam (blue beech)  Cercis canadensis Redbud  Chionanthus virginicus White fringe tree  Cornus alternafolia Pagoda dogwood  Cornus kousa Kousa dogwood  Cornus mas Cornelian cherry dogwood  Crataegus grus-galli Cockspur hawthorn  Crataegus phaenopyrum Washington hawthorn  Malus spp. Crabapple  Ostrya virginiana American hophornbeam (ironwood)  Syringa pekinensis Pekin lilac  Syringa reticulata Japanese tree lilac Evergreen trees.  Juniperous virginiana Eastern red cedar  Thuja occidentalis techny Techny arborvitae SPECIES GROUP B Canopy trees.  Acer rubrum Red maple  Betula nigra River birch  Cercidiphyllum japonicum Katsura tree  Gleditsia triacanthos f. inermis Thornless honey locust ~13~ Page 13 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23  Juglans nigra Black walnut  Liriodendron tulipifera Tuliptree  Metasequoia glyptostroboides Dawn redwood  Phellodendron amurense Amur corktree  Platanus x acerifolia London planetree  Populas tremuloides Quaking aspen  Quercus palustris Pin oak  Quercus robur English oak  Sophora japonica Japanese pagodatree  Taxodium distichum Bald cypress  Tilia cordata Littleleaf linden  Tilia x euchlora "Redmond" Redmond linden  Ulmus sp. Hybrid elm  Ulmus parvifolia Chinese elm Understory/ornamental trees.  Aesculus parviflora Bottlebrush buckeye  Aesculus pavia Red buckeye  Alnus glutinosa European alder  Betula platyphlla Whitespire birch  Carpinus betulus European hornbeam  Magnolia x soulangiana Saucer magnolia  Parrotia persica Persian parrotia  Prunus americana American plum  Prunus padus European bird cherry  Pyrus calleryana Callery pear Evergreen trees.  Abies concolor White fir (concolor fir)  Juniperus virginiana Eastern red cedar  Picea abies Norway spruce  Picea glauca White spruce ~14~ Page 14 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23  Picea pungens Colorado spruce  Pinus strobus White Pine  Pseudotsuga menziesii Douglas fir SPECIES GROUP C Canopy trees.  Acer platanoides Norway maple  Catalpa speciosa Catalpa  Fraxinus americana White ash  Fraxinus Pennsylvanica Green ash  Fraxinus quadrangulata Blue ash  Liquidambar styraciflua Sweetgum  Platanus occidentalis Sycamore  Populus deltoides Cottonwood (male)  Prunus serotina Black cherry  Robinia pseudoacacia Black locust  Salix alba White willow  Salix nigra Black willow  Salix niobe Weeping willow  Ulmus rubra Red elm  Ulmus thomasii Rock elm Understory/ornamental trees.  Betula papyrifera Paper birch  Crataegus laevigata English hawthorn  Crataegus mollis Downy hawthorn  Prunus virginiana Common chokecherry  Sorbis americana American mountain ash  Zelkova serrata Zelkova Evergreen trees. ~15~ Page 15 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23  Pinus nigra Austrian pine  Pinus resinosa Red pine  Pinus sylvestris Scotch pine SPECIES GROUP D Acer negundo Boxelder maple Ailanthus altissima Tree of heaven Elaeagnus angustifolia Russian olive Morse speciosa Mulberry spp. Populus alba White poplar Populus deltoides Cottonwood (female) Populus nigra "Italica" Lombardy poplar Rhamnus cathartica Buckthorn Ulmus pumila Siberian elm SECTION 10: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 12: The findings and recitals contained 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 13: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. ~16~ Page 16 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d 50-O-23 Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel May 22 June 12 ~17~ Page 17 of 17 Doc ID: bdf3a2dc829e3f0c9aae27f9f2805095f2ff020d June 14