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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: ET NW -1 WAMW 0b4uu 1• • 1 1' MN Q \ • ,'�! I L : I I I I - 1 1 ! ] 1 1 1 ] 1 ::� 7 • 1 : • � _: :: 11 • J. 1 :� :1 ?411111• I I 1 1! I 1 I: 111' 1 11:11' 1: '.! 7 I I 1 1 • 1 J I I I I- Y. 1- I- 1 4 I 1 I- I 41 :. , 1 1 1 1 11-41j 4111 1- 1.411]- 1 1 1 yR 1 1- I 1 1 11 11 CUFF 1• 1 • ]• 1 1: : Mu r11:I 1 :: R 11 f 1: 1 1: I 1 1,1: I n 11 • 1N :: I: 7 I I 1 1 • 1 II:4 • C I u : 1• •: .1• i \1 n y �u 1:1 u: X11 74 u u 1 1 Ir.l I• •�:11•I 'J 11:2%.191 Ift- RMuu-1 1 1�_1-I 1 !1 :_111'111 ] 711 Z- 1 •1: 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 #58762125v3