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O-14-17VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -17 AN ORDINANCE AMENDING SECTION 21 -22 OF THE VILLAGE OF DEERFIELD TREE PRESERVATION ORDINANCE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of September 12014. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of October _, 2014• VILLAGE OF DEERFIELD LAKE, AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -17 AN ORDINANCE AMENDING SECTION 21 -22 OF THE VILLAGE OF DEERFIELD TREE PRESERVATION ORDINANCE WHEREAS, the Village of Deerfield Tree Preservation Ordinance, codified as Article 4 of Chapter 21 of the Municipal Code of the Village of Deerfield, was enacted in 2005 to preserve and protect trees within the Village of Deerfield; and WHEREAS, the Tree Preservation Ordinance does not expressly prohibit the "topping" of trees or excessive pruning of trees which is damaging to trees and may cause a tree to fail in future years; and WHEREAS, the corporate authorities of the Village of Deerfield have determined that the Tree Preservation Ordinance should be amended to clarify that trees within the Village requires are protected from over - pruning and from being "topped "; NOW, THEREFORE, 13E 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 the definition of "Remove or Removal' contained in Section 21 -22 of Article 4 ( "Tree Preservation") of Chapter 21 ( "Trees and Vegetation ") of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows (additions are indicated by underscorine and deletions are indicated by strikethfough markings): Remove or Removal: The physical a ,,,,,.",,,,,,, ,,,,,,,.,.1 eF elimination r To cut down tree, or remove 50% or more of the crown, trunk, or root system of a tree: or to damage a tree so as to cause the tree to decline and /or die. "Removal" includes tamping. "Removal" includes. but is not limited to damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials change of natural grade due to unapproved excavation or filling, or unapproved alteration of physical conditions. including girdling Without limitation of the foregoing, "remove" or "removal' does not include the pruning of trees in accordance with national pruning standards. SECTION 2: That Section 21 -22 of Article 4 ( "Tree Preservation') of Chapter 21 ("Trees and Vegetation') of the Municipal Code of the Village of Deerfield be and the same is hereby further amended to add "Topping" as a defined term reading as follows (additions are indicated by underscoring and deletions are indicated by strik,. et retigh markings): Toping: The severe cut back of a tree's limbs to stubs 3 inches or larger in diameter within the tree's crown to such a d�ree so as to remove the natural canopy and disfigure the tree. Topping does not include the Practice of "pdarding" when conducted in accordance with the standards established by the International Society of Arboriculture. SECTION 3: 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 stale 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. -2- SECTION 4: 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 2nd day of_ September 2014. AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers NAYS: None ABSIiNT: None ABSTAIN: None APPROVED this 2nd day of September , 2014. ATTEST: Villa r Clerk -3- Village President