O-04-60VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -60
AN ORDINANCE AMENDING SECTION 6.11 -4 OF THE
MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
4th day of October , 2004.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
5t day of October , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -60
AN ORDINANCE AMENDING SECTION 6.11 -4 OF THE
MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
WHEREAS, the Residential Redevelopment Task Force has recommended that the tree
protection requirements set forth in Section 6.11 -4 of the Municipal Code of the Village of Deerfield
be amended to clarify the requirements for parkway tree protection and to authorize the Director of
Community Development to approve measures for the protection of trees on adjacent property
recommended by a professional arborist; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the
recommendation of the Residential Redevelopment Task Force;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That Section 6.11 -4, Tree Protection, of Article 11, Construction
Management, of Chapter 6, Building, of the Municipal Code of the Village of Deerfield, be and the
same is hereby amended to read as follows:
6.11 -4 Tree Protection:
(1) All trees in the public right -of -way adjacent to the construction site which are to be
preserved as determined by the Village shall be protected from damage by the
installation of high visibility plastic mesh fencing or other similar materials as
approved by the Director, which fencing shall be placed along the perimeter of the
critical root zone of each tree to the extent practical, provided that such fencing
shall be contained within the limits of the public parkway and shall not encroach
onto public streets or sidewalks. Such fencing shall remain in place during
construction except when direct access is required. Such fencing shall be at least
four (4) feet in height and shall be secured to metal posts driven into the ground and
spaced five (5) to seven (7) feet apart.
(2) All trees on property adjacent to the construction site that have a critical root zone
extending into the construction site shall be protected from unreasonable damage by
the use of acceptable tree protection measures approved by the Director. For
purposes of this section, acceptable tree protection measures are those measures
designed and implemented to reasonably limit the damage to such adjacent trees
while enabling lawful construction activity consistent with best construction
practices. Acceptable tree protection measures include: (a) the installation of high
visibility plastic mesh fencing, or the installation of the security fencing as provided
in this Article, along the perimeter of the critical root zone located within the
construction site, which shall remain in place during construction except when
direct access is required; or (b) tree protection measures recommended by a
professional arborist and approved by the Director to reasonably involve the least
amount of damage to such adjacent trees. Nothing in this Section shall be
construed as effectively prohibiting otherwise lawful construction on the site that
conforms to the zoning ordinance and building codes of the Village.
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
SECTION 3: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 4th day of October
2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: N6ne (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 4th day of October , 2004.
illage
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