HomeMy WebLinkAbout015-O-23 Amending Title 7, Chapter 8 of the City Code Concerning The Protection of Trees on Private Property
08/28/2023
15-O-23
AN ORDINANCE
Amending Title 7, Chapter 8 of the City Code Concerning The
Protection of Trees on Private Property
WHEREAS, the City of Evanston has a long track record of action when it
comes to climate change and has released a Climate Action and Resilience Plan
(CARP) outlining the City’s efforts to be a climate ready and resilient city, an Evanston
Project for the Local Assessment of Needs (EPLAN) to improve the effectiveness and
efficiency of the public health system in the City, and passed Resolution 32-R-22,
Declaring a Climate Emergency and an Immediate Mobilization Effort to Restore
Climate Stability; and
WHEREAS, the protection of plants, including trees on private property, in
the City is critical to the City’s goal of preserving, restoring, and expanding the City’s
urban tree canopy, natural habitat, species diversity, and green infrastructure; and
WHEREAS the benefits of the individual trees that make up Evanston’s
urban forest extend beyond property lines, so its management should be communal and
consider all trees, regardless of property ownership; and
WHEREAS, the Evanston City Council finds it is in the best interests of
the City, including its people, other plants, and wildlife, to amend the City Code to add
protections for plants in the City, including trees on private property; and
WHEREAS, the Evanston Environment Board recommends that the
Evanston City Council protect trees on private property as a matter of public health and
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well-being, and to preserve the numerous benefits that the urban trees provide to the
entire community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: 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 and private 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
forest and all of the benefits it provides to the community. Active management of
Evanston’s tree canopy landscape and to fulfills the objectives identified in the Evanston
Comprehensive Plan and the Climate Resilience Plan (CARP).
B. Objectives. The protection of trees as a valuable community resource also
accomplishes the following objectives:
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;
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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 2: Section 7-8-8-4 “Protected Trees” of the Evanston City Code
of 2012, as amended, is hereby amended as follows:
7-8-8-4. - PROTECTED TREES.
A. Identification of trees by group. Trees species within the City are defined into four (4)
groups:, groups A, B, C, and D, based on ratings provided in the tree species
standards for species characteristics including ecosystem and habitat contributions,
climate adaptability, management requirements, and physiological traits.
environmental adaptability, biological traits, longevity, maintenance needs, and
landscape value. Group A trees are the highest rated trees and most valuable trees
and group D trees are the lowest rated and provide the fewest desirable ecosystem
and community benefits. A description of each group and the The complete list of
species in each group is set forth is in the City’s Tree Canopy Preservation Policy,
as set forth in Appendix A, Subsection 7-8-8-13 of this Section.
B. Protected Trees trees designated.
1. Protected Trees trees are those trees in groups A, B, C, and C D (as defined in the
City’s Tree Canopy Preservation Policy) with the a minimum dbh DBH as listed below:
Protected Trees Minimum DBH
All public trees 2 inches
Group A 3 6 inches
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Group B 6 inches
Group C 10 6 inches
Group D 6 inches
2. When a Pprotected Ttree has a multi-stemmed trunk system and has a maximum
height of less than twenty (20) feet, the minimum dbh DBH shall be determined utilizing
the trunk having the largest measurement as determined by a calculation in inches at a
point four and one-half (4.5) feet above the existing grade at the base of the tree. The
DBH of a multi-stemmed Protected Tree with a maximum height greater than twenty
(20) feet shall be calculated by aggregating the DBH of all trunks.
C. Exclusions. Protected trees do not include trees with a dbh DBH below the minimum
dbh DBH as provided in Subsection B of this Section, or group D trees.
SECTION 3: Section 7-8-8-5 “Regulated Activities” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
7-8-8-5. - REGULATED ACTIVITIES.
A. Regulated activities designated. The following activities are regulated activities and
are subject to the provisions of this Section:
1. Any activity on public or private property within twenty five (25) feet of the trunk of any
Protected Tree as defined in this Section, including: that will cause, or is reasonably
likely to cause, the damage or removal of a tree or trees with a dbh of two (2) inches or
greater, including, without limitation:
a. The subdivision of property measuring two (2) acres or larger pursuant to the City
subdivision ordinance;
b. Any activity commenced pursuant to a planned development granted in accordance
with this Code;
c. a. Any activity on public or private property requiring the issuance of any construction
permit pursuant to any City ordinance, including, without limitation, excavating, digging,
compacting, boring, or other construction or building activity within 25 feet of the trunk of
any tree as outlined in the City’s Tree Canopy Preservation Policy grading, building,
sewerage, water, plumbing, or other permits; and
d. b. Any activity involving construction, earthmoving, demolition, or vehicular traffic, or
any similar activity, occurring within a critical root zone of a Protected protected Tree
tree, with the exception of regularly scheduled maintenance activities performed by City
of Evanston employees.
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2. The removal of exotic and invasive species with a dbh DBH of two (2) inches or
greater on public property and six (6) inches or greater on private property.
B. Exceptions. A tree preservation review is not required for certain types of permits
when activity is not expected to impact any part of any tree (including the trunk, limbs,
canopy, roots, etc.) or is entirely internal to a property. Permits that do not require a tree
preservation review are in the Tree Canopy Preservation Policy.
BC. Limitation on damage or removal of trees. This Section applies to the damage or
removal of any tree in the course of the regulated activities described in this Section. All
regulated activities must be planned and performed in a manner, to a degree, and with
sufficient equipment and personnel so as to:
1) Reasonably involve the least amount of damage or removal of trees; and
2) Not defeat or be inconsistent with the purposes and intent of this Section.
C. Regulated activities involving construction. An applicant for any regulated activity
involving construction activity must submit a tree protection plan in accordance with
Subsection 7-8-8-8 of this Section and a tree replacement security in accordance
with Subsection 7-8-8-7-J of this Section.
SECTION 4: Section 7-8-8-6, “Permit Requirements,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
7-8-8-6. – PERMIT APPLICATION AND REVIEW REQUIREMENTS.
A. Permit and compliance required. Submission Requirements for Tree
Preservation Permits and Review. No person may conduct or will be entitled to any
permit for any activity associated with a regulated activity unless a valid tree permit or
review is completed for the activity is issued in accordance with this Section. No person
will be entitled to any tree permit unless the subject property, upon the issuance of the
tree permit, is in strict compliance with the terms and provisions of this Section and the
terms and provisions of all other applicable laws, ordinances, rules, and regulations of
the City and of all other governmental agencies having jurisdiction.
1. Formal application. The City Manager, or designee, shall accept tree
preservation permit applications and shall review once the application is considered
complete.
2. Content of application. The application shall include the following information:
a. Name, address, and contact information of the property owner or contracted
entity proposing regulated activities on the property;
b. The description of the regulated activity;
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c. A diagram, as described in the City’s Tree Canopy Preservation Policy, depicting
all existing trees, and their distance from current and proposed infrastructure and
construction. Any trees proposed for removal shall be labeled;
d. All other materials as described in the City’s Tree Canopy Preservation Policy.
B. Procedure for Tree Preservation Plan Review and Permit Issuance.
1. Application: An application is complete when all required materials are received.
2. Action on Application: The City Manager or designee may perform a site visit
and, within fourteen (14) days, shall, in writing, request additional information as
necessary, or issue the tree preservation permit.
3. Permit Issuance. Upon approval or approval with conditions, the City Manager or
designee shall notify the property owner or contracted entity and issue a tree
preservation permit.
C. No construction. Tree removal of Protected Trees is not permitted if regulated
activity as described in this Section is not proposed. The property owner(s) must
request a variation from the Human Services Committee and City Council as outlined in
Section 7-8-8-10.
1. Tree Replacement or Mitigation required. When a tree removal permit is granted, the
tree preservation permit shall include the number of required replacement trees or a
mitigation fee per Section 7-8-8-7.
D. B. Exceptions.
1. Pruning. A tree permit is not required for the pruning any private tree in compliance
with the national industry-recognized pruning standards or if completed by a certified
and qualified professional.
2. Tree and City emergencies. In the event that a tree may imminently cause harm to
people and/or property, In response to notice of an existing tree emergency, the Mayor
or the City Manager or his/her designee, are each is authorized to waive the
requirement for a tree permit or tree permit application prior to removal or other work
resulting in a significant impact to the Protected Tree. The property owner(s) and/or
other person whose life or property may imminently be harmed by a hazardous tree If a
tree emergency occurs, the person endangered by the tree emergency may take any
reasonable action necessary to avoid or eliminate mitigate the immediate danger and/or
hazard. The This action must align with best practices developed by the International
Society of Arboriculture (ISA) and ISA risk assessment algorithms that minimize the
likelihood of inadvertent damage to or removal of any trees. taken must be an action
that is least likely under the circumstances to cause damage or removal of any trees,
and t The City assumes no responsibility or liability for any action taken. The person
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individual or entity taking the action must report all response activities the action taken
to any of the above City officials as soon as safely possible immediately after the action
is taken and file an after-the-fact tree application preservation permit application within
forty-eight (48) hours. , which the The City Manager or his/her designee will review the
request and if the tree was sufficiently hazardous to justify damage to or removal of the
tree(s), a retroactive. If the City Manager or his/her designee determines that a tree
emergency existed which justified the damage or removal of the tree(s), an after-the-
fact tree preservation permit will be issued with appropriate fees but no penalties. with
no permit fee charged. If the City Manager or his/her designee determines that the
hazard was not sufficient no emergency existed to justify the damage or removal of the
tree(s), then the action will be deemed a violation of this Section, and the damaged or
removed tree(s) will be subject to permit and mitigation fees must be replaced pursuant
to this Section.
3. City-let led projects. Tree preservation permits will be required for all City-let led
projects which have been reviewed by the Public Services Bureau, but all permit fees
will be waived.
4. Dead, extremely hazardous, imminently dying, Group D, or other invasive trees with a
DBH greater than six (6) inches may be removed with a tree preservation permit, and
mitigation is encouraged.
5. Trees on private property with a DBH of less than six inches (6”) may be removed,
and mitigation is encouraged.
SECTION 5: 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 Pprotected Ttree 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 Pprotected Ttree 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 mitigation fee
in lieu of the replacement of trees, and except for the exemptions in Subsection B of this
Section or as outlined in the City’s Tree Canopy Preservation Policy. No Any
replacement tree may shall have a caliper between one (1) and two (2) inches less than
two and one-half (2½) inches.
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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 Pprotected Ttree, due to natural causes, is dead, extremely hazardous
dangerous, or interferes with any existing or proposed public improvements, is in
dangerous proximity to any public utility lines or related facilities, or is imminently dying,
sufficiently hazardous, a diseased tree or dangerous tree or otherwise unsafe,
unhealthy, or insect infested such that it and constitutes a hazard to persons, property,
or other plants or wildlife trees.
2. When a Pprotected Ttree, due to natural causes, obstructs any street, sidewalk, or
any pedestrian path to an extent that the Pprotected Ttree interferes with free passage
and clear view along the street, sidewalk or path, and at any street, alley or driveway
intersection.
3. When the removal of a Pprotected Ttree is necessary to comply with the current
standards or best practices generally observed by certified and qualified forestry
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.
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47. When the removal of a Pprotected Ttree 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. Pprotected Ttrees on public property must be replaced by
gGroup A trees pursuant to the replacement rate specified in this Subsection. When a
tree removal permit is issued, Protected Trees on private property shall be replaced with
Group A or B trees, or other high-ecosystem value native trees as approved by the City
Manager or designee. The tree replacement rate is determined by the group
designation (public, A, B, C, or D) of the removed Protected Tree. species of tree
removed. For each inch of dbh DBH removed, replacement trees must be provided at
the rate shown in Table XX. the following table. For example, for every inch in diameter
of a removed group A tree, each inch removed must be replaced with one and one-
quarter (1.25) inches in diameter of replacement trees: The mitigation formula for the
number of required replacement trees shall be: (DBH of removed tree x
coefficient/(caliper size of replacement trees) = required number 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
Size Class Public
Trees
Group A Group B Group C Group D
2-6” 125% Encouraged Encouraged Encouraged Encouraged
Greater or equal to
6” but less than 10”
125% 100% 100% Encouraged Encouraged
Greater or equal to
10” but less than 20”
150% 125% 125% 100% Encouraged
Greater or equal to
20” but less than 40”
175% 150% 150% 100% Encouraged
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Greater than 40” 175% 125% 125% 75% Encouraged
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 Ggroup A for public tree replacement or Groups A or B or other
high-ecosystem value native trees for private property tree replacement as set forth in
the City’s Tree Canopy Preservation Policy Appendix A, Subsection 7-8-8-13 of this
Section;
3. Between one (1) and two (2) caliper inches At least two and one-half (2½) caliper
inches;
4. Grown in within the northeastern Illinois region or within a seventy-five two-hundred-
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 t he
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 if planted on
public property.
E. Care of replacement trees. The applicant will be solely responsible for the care and
management feeding of newly planted trees for a period of three (3) 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 management feeding of newly planted trees must, at a minimum, adhere to the tree
care standards generally recognized by the International Society of Arboriculture, ANSI,
or other nationally recognized tree planting standards.
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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 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, including tree planting and health care.
H. Waiver or modification of provisions. Where a previous zoning or subdivision
approval contains conditions which fully accomplish the goals and purposes of this
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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 approved filed with all issued tree
permits applications for a regulated activity involving the removal replacement of one (1)
or more Pprotected Ttrees.
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, 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 as described in the Tree Canopy Preservation Policy.
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.
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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.
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.
JK. 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 notify cause notice of the failure to be served upon the
applicant and will order the applicant to fully comply seek compliance 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) fourteen (14) 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.
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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 an a written notice of appeal with the City Manager or designee.
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 or designee will review all reliable and relevant documents and
information pertaining to the City Manager or his/her designee's determination appeal.
The City Manager or designee must render a written decision on the appeal no later
than fourteen (14) thirty (30) days after the City Manager receives the written notice
receipt of an appeal. The City Manager or designee 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 or designee 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 the City Manager, and, if applicable, upon the denial of any applicable
appeal, will be authorized to perform or to cause to be performed enter into a contract to
perform 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 6: Section 7-8-8-8, “Tree Protection Plan,” of the Evanston City
Code of 2012, as amended, is hereby amended as follows:
7-8-8-8. – TREE PROTECTION PLAN.
A. Plan required. If a regulated activity includes construction activity within twenty-five
(25) feet of any public or private tree, a tree preservation permit will include a protection
plan for any impacted public or private trees. Guidelines for these protections will be
included in the Tree Canopy Preservation Policy,, the applicant must, in addition to the
tree replacement plan, submit a tree protection plan with the tree permit application.
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B. Construction activity area. The construction activity area is the area of the subject
property that is the smallest area reasonably needed to undertake the proposed
construction activity as determined by the City Manager or his/her designee. The
construction activity area must include the entire area impacted affected by the
proposed construction activity and must also include any access route across the public
right-of-way and the private tree preservation area. Construction activity must not be
conducted or staged in any area of the subject property located outside the construction
activity area. No excess soil, additional fill, liquids, or any construction materials or
debris may be placed or located outside the construction activity area. Any temporary
buildings, structures, and driveways constructed for or associated with the construction
activity must be located so as to reasonably involve the least amount of damage or
removal of trees, but must nevertheless be consistent with minimum building setback
requirements of this Code.
C. Contents required for of plan. A tree protection plan must consist of a site plan of the
subject property upon which the information described in this Subsection must be
graphically and accurately marked.
1. Location of the subject property, including street address and legal description.
2. Existing and proposed contours of the lot on which the construction activity is to take
place.
3. 2. Existing and proposed buildings or structures on the lot.
4. 3. Proposed building elevations, if applicable.
5. 4. Proposed work access areas and routes.
6. 5. The name and contact information of the general contractor or project
representative, if any, responsible for the proposed construction activity.
7. 6. A demonstration of the ways in which the applicant will ensure that the tree
protection required by this Section will be achieved.
8. 7. A diagram of the trees on and around inventory for the subject property, consisting
of a list of the following trees, identified by tag number: a) all the existing protected trees
Protected Trees on the subject property; b) all trees Protected Trees on adjacent
properties that are within twenty-five (25) ten (10) feet of the construction activity
property line or that have a critical root zone extending into the subject property; and c)
all public trees adjacent to the subject property or that may be impacted by any
regulated activity. ; d) all Protected tTrees likely or proposed to be removed or damaged
during construction must be labeled; e) trees must be labeled with distances to all
existing and proposed infrastructure; f) all other requirements as required by the Tree
Canopy Preservation Policy. The tree inventory must list, without limitation, the
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following data for each tree: Tag number, species, size in DBH dbh, condition rating,
form rating, and any observed problems.
9. A tree survey for the subject property, which depicts the location and tag number of
each tree described in the tree inventory. The tree survey must include, without
limitation, a legend referencing the tag number, DBH dbh, species, general condition,
and proposed disposition of existing protected trees located on or near the subject
property and trees other than protected trees that are reasonably likely to be damaged
or removed during the construction activity. The tree survey must also depict the
planned location of all proposed trees to be planted or replanted on or near the subject
property pursuant to the tree replacement plan.
10. An action plan for the subject property, consisting of a listing of the trees on the
subject property, in chart form, that identifies each tree by tag number and shows, for
each tree, the following information: Species, size in DBH dbh, condition, form, percent
of critical root zone saved, and the anticipated damage, removal, tree protection
measures, or other action to be taken regarding each tree.
11. 8. Detailed specifications for maintenance and protection of pProtected trees and for
the maintenance and protection of trees other than pProtected tTrees that are
reasonably likely to be damaged or removed during implementation of the proposed
construction activity, including, without limitation, proposed measures such as
construction pruning, root pruning, critical root zone protection, installation of a retaining
wall or high visibility fencing, and auguring of utility lines when auguring is determined
by the City Manager or his/her designee to be necessary to improve the chances of tree
survival.
12. 9. Detailed specifications for tree protection fencing on the subject property, to be
placed at a minimum: a) along the property frontage from property line to property line
to completely separate the construction activity area; and b) around the critical root
zone of each protected tree. These specifications must also include the identification
and clear delineation on the site plan of the construction activity area and the tree
protection area and their respective perimeters.
D. Protection area. The tree protection area is the area of the subject property not
included in the construction activity area. No construction activity may be conducted in
the tree protection area. All reasonable measures and protective materials must be
employed to preserve and safeguard trees located within the tree protection area.
Protective materials must include, without limitation, the temporary i nstallation of high
visibility fencing or other similar materials in the sizes and at the locations specifically
approved by the City Manager or his/her designee. All protective measures and
materials must be in place and approved by the City Manager or his/her designee prior
to the commencement of any construction activity. Protective materials may not be
removed until the City Manager or his/her designee approves the removal after the
completion of all construction activity. No attachments, fences, or wires, other than
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those approved for bracing, guying, or wrapping, may be attached to any pProtected
tTree during the construction activity.
E. Stop work order.
1. If the protective measures and materials required by this Section, or any other related
measures or materials otherwise required by this Section, are not fully implemented and
completely constructed prior to commencement of construction activity, the City
Manager or his/her designee may issue a stop work order until the applicant fully
complies with the requirements of this Section.
2. If protective measures and materials constructed and employed on the subject
property are not adequately maintained in a manner that protects pProtected tTrees and
the tree protection area, the City Manager or his/her designee may issue a stop work
order until the measures and materials are repaired, restored, and constructed to the
satisfaction of the City Manager or his/her designee.
SECTION 7: Section 7-8-8-9, “Inspections and Surveys,” of the Evanston
City Code of 2012, as amended, is hereby amended as follows:
7-8-8-9. – INSPECTIONS AND SURVEYS
The City Manager or his/her designee will, on a regular basis, conduct inspections and
surveys as necessary to monitor the trees in the City and to determine the existence,
nature, and extent of violations of this Section.
SECTION 8: Section 7-8-8-10, “Appeals,” of the Evanston City Code of
2012, as amended, is hereby amended as follows:
7-8-8-10. – VARIATIONS AND APPEALS.
A. Applications for variations shall be reviewed and decided in accordance with the
following procedure:
1. Public Hearing: Upon receipt of a completed application for a variation, the
Human Services Committee shall review at a regularly scheduled public meeting.
2. Public Notices: A sign shall be posted on the property for a minimum of ten (10)
working days prior to the public meeting indicating the place, time and date of the
meeting.
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3. Standards for Granting Variations: Variations may be authorized by the Human
Services Committee upon making findings that the proposed variation satisfies
the following standards:
a. The practical difficulty is not self-created.
b. The requested variation will not have a substantial adverse impact on the
use, enjoyment or property values of adjoining properties.
c. The requested variation is in keeping with the comprehensive general plan
and other adopted plans.
d. The requested variation is consistent with the preservation policies set
forth in the comprehensive general plan.
e. The requested variation requires the least deviation from the applicable
regulation among the feasible options identified.
2. Human Services Committee Decision: Following the review of the application
materials, the Human Services Committee shall either approve, approve with
conditions, or deny the application for a variation.
A. Overview. The appeal procedure is provided as a safeguard against arbitrary, ill
considered, or erroneous administrative decisions. It is intended to avoid the need for
resort to legal action by establishing local procedures to review and correct
administrative errors. It is not, however, intended as means to subvert the clear
purposes, meanings, or intents of this Section or the rightful authority of the City
Manager or his/her designee to enforce the requirements of this Section. To these ends,
the reviewing body should give all proper deference to the spirit and intent embodied in
the language of this Section and to the reasonable interpretations of that language by
those charged with the administration of this Section.
B. Appeals to City Manager. Appeals from any decision of the City Manager or his/her
designee may be taken by an applicant or any other person adversely affected by the
decision by filing a written notice of appeal with the City Manager within five (5) days
following receipt or notice of the City Manager or his/her designee's decision. Upon
receipt of the written notice of appeal, the City Manager will review the relevant
evidence, documents, or information, and may receive and consider new evidence. The
City Manager or designee will render a recommendation written decision and transmit
such decision recommendation to the City Council at their next regularly scheduled
meeting. Upon receipt of the recommendation, City Council will review the relevant
evidence, documents, or information and may receive and consider new evidence, and
make a decision. The decision of the City Council will be final. to the appealing party
within fourteen (14) days after receipt of the written notice of appeal. The decision of the
City Manager will be final except for appeals to the City Council pursuant to Subsection
7-8-8-7.C of this Section.
C. Final appeal to City Council. In cases concerning tree replacement requiring a
replacement rate pursuant to Subsection 7-8-8-7.C of this Section of one hundred (100)
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inches or more, a party may appeal the City Manager's decision to the City Council
within fourteen (14) days after its transmittal to that party by filing a written notice of final
appeal with the City Council. Upon receipt of the written notice of final appeal, the City
Council will review the relevant evidence, documents, or information and may receive
and consider new evidence. Within thirty (30) days after receipt of the written notice of
final appeal, the City Council will render a written decision at a regularly scheduled
meeting. Such decision may reverse, affirm, or modify, in whole or in part, the action
appealed from and may include such order or determination as, in the opinion of the
City Council, is proper to be made in the circumstances. If no regularly scheduled
meeting occurs within thirty (30) days of receipt of the notice of final appeal, the City
Council will render its written decision at the next regularly scheduled meeting
thereafter. The written decision of the City Council will be final.
D. C. Stay of regulated activities. The filing of a written notice of appeal pursuant to this
Section will operate as a stay of the regulated activities related to that appeal, and no
such regulated activity may proceed until a final decision is rendered on the appeal
pursuant to this Section.
SECTION 9: This ordinance shall be in full force and effect as of 12:00
a.m. June 1, 2024.
SECTION 10: All ordinances or parts of ordinances in conflict herewith
are hereby unconditionally repealed in their entirety. The terms and provisions of
this Ordinance shall be liberally construed so as to effectuate the purposes set forth
in the recitals to this Ordinance. Each and every section in this Ordinance is to be
construed and interpreted severally.
SECTION 11: The findings in this Ordinance, and the legislative Record,
are declared to be prima facie evidence of the law of the City of Evanston and shall be
received in evidence as provided by the Illinois Compiled Statutes and the courts of the
State of Illinois.
SECTION 12: If any provision of this Ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
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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.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
August 28
September 11
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