Downers Grove
Ordinance 2019-8383
An
ordinance amending construction site management
permits and provisions concerning the protection of trees and shrubs.
At
its November 12, 2019 meeting the Village Council adopted
amendments to the
building code to strengthen protection of parkway
trees during construction projects by implementing the
following changes to the building permit
review and inspection process:
1. Hold an on-site pre-demolition meeting to discuss tree preservation
regulations, construction expectations and potential issues which may
impact adjacent parkway trees (Section 24.106)
2. During site management inspection discuss parkway tree protection
(Section 7.602)
3. Require the installation of a sign on the tree protection fencing,
for all trees, stating that the fencing cannot be relocated or removed for
any reason. (Section 7.1801(e))
4. Inspect the parkway tree as part of the water service pre-tap
inspection to make sure that the
installation of the
water service does not negatively impact the tree.
(Section 24.106)
5. Require the builder to pass the water service pre-tap inspection
prior to performing any trenching or augering. (Section 24.106)
6. Require the builder to submit a Tree Risk Assessment Qualified
Report (TRAQ) for review and
approval prior to
the issuance of a building permit. This report shall
be completed by a Tree Risk Assessment Qualified Professional and shall
take into account utility conflicts and other issues which may affect
the tree. (Section 24.106)
7. Increase the amounts of the value of parkway trees, fees to be paid
to the Village for damage or loss of a parkway tree and fines for
damaging or destroying a parkway tree. (Section 24.107)
Parkway
Tree Fees/Fines |
Prior
Fees/Fines |
Amended
Fees/Fines |
Code Violation,
1st Offense |
$500 |
$2,000 |
Code Violation,
2nd Offense |
$1,000 |
$3,000 |
Code Violation,
3rd &
Subsequent Offense |
$2,500 |
$5,000 |
Unlawful
Removal of Tree |
$100
per
inch/trunk diameter |
$275
per
inch/trunk diameter |
Pierce Downer's
Heritage Alliance Chair Ken Lerner provided the
following comments to Council:
1. PDHA is
pleased to see the Village recognizing that there are
continuing issues with regard to tree protection during construction
projects, and views these proposed changes as a step in the right
direction.
2. The
requirement to place a sign on parkway tree protection
fencing is a positive step, and a good way to raise public awareness of
the Village’s dedication to protection of parkway trees. The signs
should include a description of the fencing requirements, so that any
passerby can tell at a glance whether they are being complied with.
3. The
increase in fines for violations indicates the Village’s
serious focus on the issue, and is appropriate in light of the monetary
scale of current construction projects.
4.
Consider making the proposed requirements in section 24.7.B
apply to any site with parkways trees regardless of their size. In
particular, consider making requirements 1 – Attend a meeting to discuss
the prevention of injury to trees in the public right-of-way,
construction expectations and potential issues – and 3 – Requiring
inspection and pre-approval before trenching or augering within a
critical root zone – apply to all projects, rather than being limited to
situations where there is a very large (24-in) tree in the parkway.
Those processes should be part of any construction project.
Notice and face to face consultations offer the opportunity to avoid
unintended tree damage, make suggestions to reduce such damage,
reinforce good practices, and show the Village’s commitment to tree
protection.
5. Will
documentation be available to the public about fines that have
been levied in specific cases, and why they were levied? To
someone concerned about tree protection, concerned about the record of
a particular builder, or simply curious as to the level of enforcement
of these requirements, this could be valuable information.
6. These
amendments should be instituted immediately, but the Village
also should initiate a process to provide appropriate protective
measures for ALL trees on a construction site, not just parkway
trees. Just as the size, placement, and other qualities of a
building affect the neighbors and neighborhood, so does the presence of
trees.
|