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O-24-09VILLAGE OF DEERFIELD ORDINANCE NO. 2024 0-24-09 AN ORDINANCE AMENDING CHAPTER 21 OF "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, TO INCLUDE AUTHORITY AND ENFORCEMENT, REQUIREMENTS FOR CONTRACT TREE MAINTENANCE. AND NURSERY STOCK STANDARDS WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and WHEREAS, the Village establishes regulations pertaining to certain trees and vegetation in Chapter 21 of "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code'); and WHEREAS, the Village of Deerfield has determined that the presence of trees in the Village improves air quality, conserves energy, provides wildlife habitat, reduces soil erosion, enhances stormwater detention and drainage, preserves and enhances the character and quality of life in the Village, and enhances the value of property in the Village of Deerfield; and; WHEREAS, the President and Board of Trustees have determined that it is appropriate and in the best interests of the Village and its residents to amend Chapter 21 of the Village Code to establish new regulations for tree preservation as provided in 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 findings of the Village Board. SECTION TWO: AMENDMENT TO CHAPTER 21 OF THE VILLAGE CODE. Chapter 21, titled "Trees and Vegetation," of the Village Code is hereby amended to add a new section and amend section 21-21 which shall be and read as follows: Sec. 21-21. Sco a and Enforcement: (a) The provisions of this article shall apply generally and uniformly to all residential areas within the village of Deerfield except as specifically provided herein. (b) The provisions of this article shall be cumulative with consistent provisions of other ordinances of the village of Deerfield and of the statutes of the state of Illinois, and to the extent consistent shall be applied and enforced simultaneously. Whenever inconsistent, the provision resulting in the maximum protection, preservation or planting of trees or the highest quality of trees shall govern, except where limited by law. (c) It is intended in particular that the provisions of this article shall be applied cumulatively and simultaneously with the provisions of the zoning and subdivision Additions are bold and double -underlined; a-1-ti ns are st....ek `hr-o ^h 1 4869-1161-7905, v. 4 ordinances and the building code, and no approvals or permits issued pursuant to such ordinances and codes shall be deemed to authorize the killing, destruction, removal or planting of trees without also complying with the applicable provisions of this article. (Ord. 0-05-9, 3-21-2005) (d) Delegation of Authority and Responsibility. The Director of Public Works and Engineering and/or their desillnee, her-e-jinafter referred to a "Director", h 11 aye full authority and resp nsibility to plant. Prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights -of -ways and other Publicproperty. This shall h removal f trees thatmay threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease. (e) Coordination among Village departments. All Village departments will coordinate as necessary with the Director and will provide services as reauired to ensure compliance with this Ordinance as it relates to streets, alleys, rights-of- way. drainage, easements. and other public properties not under direct urisdiction of the Director. (f) Interference. No person shall hinder, prevent, delay, or interfere with the Director of his agents while enaaLyedin carrying Qut theexecution or enforcement. 21-42 Requirements for Contractetl-Trec Maintenance: (a) Requirements for Contracted Tree Maintenance. Skill requirements or certifications for individuals pr or .8niz tion m n- - -Performina w rk on trees for Village are reauired. Requirements include having' a certified arborist supervising the work Specialized or advanced certifications such as the ISA's Municipal specialist. Tree Worker Climber, Aerial Lift, Board Certified Master Arborist Specialists. Tree Risk Assessment Qualifications_ etc. or Tree Care Industry accreditation may be required for specific actions, (b) Nursery Stock Standards. Trees purchased by the Village of Deerfield shall be of a quality consistent with the most current American Standards for Nursery Stock as approved by the most current American National Standards Institute SECTION THREE: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be in full force and effect after passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Additions are bold and double -underlined; d-e *:,.as are sti- ek thf!eug . 2 4869-1161-7905, v. 4 AYES: Benton, Berg, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: February 20, 2024 APPROVED: February 20, 2024 ORDINANCE NO. 0-24-09 Daniel C. Shapiro, Mayor ATTES . Kent S. S eet, Village Clerk Additions are bold and double -underlined; deletions are stFuek through. 3 4869-1161-7905, v. 4 Memorandum s TO: Robert Phillips, Director of PW&E FROM: Ryan Oates, Public Works Analyst DATE: February 20, 2024 SUBJECT: Tree Preservation Ordinance Update Background The Village received a $25,000 grant from the Morton Arboretum to create a tree inventory and an Urban and Community Forest Management plan. In accordance with these creations, the grant requires updating the tree preservation ordinance and tree administration manual that the Village already has in effect. The current ordinance and manual have met fifteen out of the nineteen requirements that the Morton Arboretum lays out. With the three missing ordinance conditions, the Morton Arboretum is requiring that we update the ordinance and/or manual to include the necessary information. Changes Authoritv and Enforcement It is required that the village explicitly states who has the authority or enforcement. While the ordinance hints on who will have authority and enforcement powers, there is no explicit language. It is recommended to have an amendment to the ordinance in order to fulfill this requirement. Recommended language may include: (a) Delegation of Authority and Responsibility, The Director of Public Works and Engineering and/or their designee, hereinafter referred to as the "Director", shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights -of -ways and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease. (b) Coordination among Village departments. All Village departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Ordinance as it relates to streets, alleys, rights -of -way, drainage, easements, and other public properties not under direct jurisdiction of the Director. (c) Interference. No person shall hinder, prevent, delay, or interfere with the Director or his agents while engaged in carrying out the execution or enforcement. Memorandum It is recommended that this ordinance be include in Section 21-21. Scope and Enforcement. These changes can be labeled as (d), (e) and (f). Requirements for contracted tree maintenance Neither the current ordinance nor the administrative manual lists out requirements for contracted tree maintenance. Contracted tree maintenance may include the villages contractor and/or the residents hired contractors. It is recommended that the village update Chapter 21 of the municipal code to include a section for the requirements for contracted tree maintenance. This information should include skill and insurance requirements. Recommended language may include: (a) Requirements for Contracted Tree Maintenance, Skill requirements or certifications for individuals or organizations managing or performing work on trees for Village are required. Requirements include having a certified arborist supervising the work. Specialized or advanced certifications such as the ISA's Municipal specialist, Tree Worker Climber, Aerial Lift, Board Certified Master Arborist Specialists, Tree Risk Assessment Qualifications, etc. or Tree Care Industry accreditation may be required for specific actions. It is recommended that a new section is added in Chapter 21. This section should be named "Requirements for Contracted Tree Maintenance". It can be listed as section 21-42. Nursery Stock Standards Another requirement of the Urban and Community Forestry Management Grant is to provide standards for the tree nursery stock. The current ordinance and administrative manual do not list any standards for nursery stock. It is recommended that the village updates the Village Municipal Code to include a requirement for Nursery Stock Standards. Recommended language may include: (a) Nursery Stock Standards, Trees purchased by the Village of Deerfield shall be of a quality consistent with the most current American Standards for Nursery Stock as approved by the most current American National Standards Institute. It is recommended that this change be made in the Municipal Code Chapter 21. This language could be added with the Requirements for Contracted Tree Maintenance in a newly created section 21-42. Conclusion The addition of these sections would benefit the Village by clearly laying out the necessary requirements and responsibilities for trees in the Village. Due to the authority and Memorandum enforcement being continuous, making an amendment to the ordinance would be favorable. It is recommended that the requirements for contracted tree maintenance and nursery stock standards be included in the Village Code as a new section as these requirements are essential to the preservation of Village trees. Completing the ordinance update will complete one of the necessary requirements for the tree inventory grant and for the applications for Tree City USA.