O-18-26VILLAGE OF DEERFIELD
ORDINANCE NO. 0-18-26
AN ORDINANCE AMENDING "THE MUNICIPAL CODE OF THE VILLAGE OF
DEERFIELD, ILLINOIS, 1975," AS AMENDED,
REGARDING TREE TREMMING AND PRUNING
WHEREAS, the Village is recognized for and takes pride in its natural, wooded
streetscapes, which are an essential part of the Village's character; and
WHEREAS, additionally, the presence of trees and other vegetation aids in storm
water management, helps to prevent erosion, improves air quality, conserves energy,
provides wildlife habitat, and preserves and enhances property values; and
WHEREAS, in order to preserve and promote the Village's natural, wooded
streetscapes and trees within the Village, the Village has adopted regulations relating to the
protection of existing trees and the planting of additional trees within the Village (73ree
Regulations'), which Tree Regulations are set forth in Section 19-80 and Chapter 21 of "The
Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Municipal Codet
and
WHEREAS, since the adoption of the Tree Regulations, the Village has determined
that: (i) oak and elm trees should not be trimmed or pruned during the summer months
between April 1 and November 1 due to the potential for trees from these specific genera to
be damaged or become diseased as a result of the trimming or pruning, according to research
from the Chicago Botanic Gardens and the Morton Arboretum; and (ii) tree trimming and
pruning should be conducted in accordance with guidelines to best protect the health of the
trees; and
WHEREAS, pursuant to the home rule powers of the Village, the Village desires to:
(i) update the Tree Regulations to prohibit the trimming and pruning of oak and elm trees
during the summer months to better reflect the latest research; and (ii) to update and clarify
various other Tree Regulations related to the trimming and pruning of trees in the Village;
and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to amend the Municipal Code pursuant to this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as the findings of the City Council.
SECTIONTWO: VEGETATION CONTROL. Section 19.80, titled "Vegetation
Control," of Article 9, titled "Construction Of Utility Facilities In The Public Rights Of Way,"
of Chapter 19, titled "Streets and Sidewalks," of the Municipal Code is hereby amended to
read as follows:
"Sec. 19-80. Vegetation Control.
(a) Electric Utilities; Compliance With State Laws And Regulations: An
electric utility shall conduct all tree trimming and vegetation control
activities in the right of way in accordance with applicable Illinois laws
and regulations, and additionally, with the applicable tree trimmine
and pruning regulations set forth in section 21.8A of this code, and any
such local franchise or other agreement with the village of Deerfield as
permitted by law.
(b) Other Utilities; Tree Trimming Permit Required: Tree trimming that is
done by any other utility with facilities in the right of way and that is
not performed pursuant to applicable Illinois laws and regulations
specifically governing same, shall not be considered a normal
maintenance operation, but shall require the application for, and the
issuance of, a permit, in addition to any other permit required under
this article.
(1) Application For Tree Trimming Permit: Applications for tree
trimming permits shall include assurance that the work will be
accomplished by competent workers with supervision who
are experienced in accepted tree pruning practices and iii) in
(2)
regulations set forth in section 21.8A of this code. Tree trimming
permits shall designate an expiration date in the interest of
assuring that the work will be expeditiously accomplished.
Damage To Trees: Poor pruning practices resulting in damaged
or misshapen trees - trees in
set forth in section 21.8A of this code. will not be tolerated and
shall be grounds for cancellation of the tree trimming permit and
for assessment of damages. The village will require
compensation for trees extensively damaged and for trees
removed without authorization. The formula developed by the
International Society Of Arboriculture will be used as a basis for
determining the compensation for damaged trees or
unauthorized removal of trees. The village may require the
removal and replacement of trees if trimming or radical pruning
would leave them in an unacceptable condition. Anv damages
assessed pursuant subsection eh ll be Rep ra from. n
cumulative with, any fines assessed pursuant to section 21.8A of
this code.
2
SECTION THREE: TREE TRIMMING PRUNING. Section 21.8A, titled "Tree
Trimming, Pruning," is hereby added to Article 1, titled "Trees and Shrubs," of Chapter 21,
titled "Trees and Vegetation," of the Municipal Code to read as follows:
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SECTION FOUR: SEVERABILITY. If any section, paragraph, clause or provision
of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or
provision shall not affect any of the other provisions of this Ordinance.
SECTION FIVE: PUBLICATION. The Village Clerk is hereby directed to publish
this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION SIX: EFFECTIVE DATE. This Ordinance will be in full force and
effect from and after its passage and approval in the manner provided by law.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS None
ABSENT: None
PASSED: August 6, 2018
APPROVED: August 7, 2018
ORDINANCE NO. 0-18-26 r
Harriet Rosenthal, Mayor
ATTEST'
Kent S. 4reet, Villa Clerk
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