Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, May 13, 2024 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. ROLL CALL II. REGULAR BUSINESS 1. Discussion of Case 24-08 Request for a Variance from §62-215 Station Area Districts Zoning Requiring Retail/Service Uses on the Ground Floor in SA-1 for 8911 Burlington 8911 Burlington Ave. Zoning Variance Request Memo 2. Discussion of Case 24-07 Request for a Variance from §62-75 Bulk, Yard, and Space Requirements for 3825 Raymond Avenue 3825 Raymond Ave. Zoning Variance Request Memo 3. Discussion of Adopting Revisions to the Village’s Chapter 58 – Vegetation Code to Meet the Tree Inventory Grant Requirements Vegetation Code Amendment Memo III. PUBLIC COMMENT IV. EXECUTIVE SESSION 1. Pursuant to Section 2(c)(5) of the Open Meetings Act to discuss purchase or lease of real property for the village’s use V. ADJOURNMENT Page 1 of 29  Committee Item Memo Meeting Date: May 13, 2024 Staff Contact: Kate Portillo, Village Planner Department: Community Development Subject: Discussion of Case 24-08 Request for a Variance from §62-215 Station Area Districts Zoning Requiring Retail/Service Uses on the Ground Floor in SA-1 for 8911 Burlington Background Information: Tartan Investments LLC has owned the property located at 8911 Burlington Avenue since 2017. At that time, the property was zoned SA-5 Residential Mix and in 2018, Tartan Investments received approval for a map amendment to change the zoning for this parcel to SA-1 Core Mixed Use as authorized by Ordinance 2018-17. The applicant now wishes to construct a three-story, six-unit residential rental building with parking in the rear and is requesting relief from the requirement to include ground-floor retail/service use commercial space. Subject Site: Page 2 of 29 North Elevation of the Proposed Building: The Planning and Zoning Commission held a public hearing on April 25, 2024, to consider the application for a Variance related to the request for relief from the requirement that the proposed building include ground floor commercial uses (PZC Case 24-08). During the public hearing, Commissioners raised questions about the variance request itself versus a request for a map amendment for the zoning to revert back to its previous designation and relief from a use qualifying as a variance request. The petitioner testified that the inclusion of commercial space would be financially detrimental to the project, and the project architect explained that the setback requirements of the SA-5 district zoning make the project not viable due to the space constraints of the space. Commissioners raised additional questions regarding parking requirements for residential units in this district and if the applicant intends to meet the stormwater management requirements of Code. Standards for Variation  The hardship must be derived from difficulties pertaining to the property itself.  The hardship must not be self-created or self-imposed by the applicant.  There is no other means than the requested variation by which the hardship can be avoided or remedied.  The variation will not impair an adequate supply of light or air to adjacent property.  The variation will not unreasonably diminish the values of adjacent property.  The variation will not create congestion in the public streets or endanger public safety.  The variation is in harmony with the general purpose and intent of the Zoning Code. By a unanimous vote of 4 ayes and 0 nays and 0 abstaining, the Planning and Zoning Commission moved to recommend approval of the requested Variation with the condition that downspouts be directed to the private property yard. Recommendation(s): Page 3 of 29 Village staff recommend the Committee of the Whole discuss the petition and recommendation from the Planning and Zoning Commission and determine if it is appropriate to direct the Village Attorney to prepare an Ordinance for vote at the next Village Board meeting. Attachments: Draft PZC Minutes - April 25, 2024 Page 4 of 29  Village of Brookfield 8820 Brookfield Avenue • Brookfield, Illinois 60513-1688 (708) 485-7344 • FAX (708) 485-4971 www.brookfieldil.gov Planning and Zoning Commission · Record of Minutes April 25, 2024 @ 7:00 PM Edward Barcal Hall Boardroom 8820 Brookfield Avenue · Brookfield, IL 60513 I. Call to Order Chairperson Grund called the regular meeting of the Planning and Zoning Commission to order at 7:00 PM. II. Roll Call Present: Chairperson Grund and Commissioners Sabourin, Straka, Svoboda, and Weber. Absent: None Others Present: Trustee Liaison Jennifer Hendricks and Village Planner Kate Portillo. III. Approval of Minutes Chairperson Grund entertained a motion to approve the meeting minutes dated March 21, 2024. Commissioner Sabourin so moved. The motion was seconded by Commissioner Straka. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. IV. Public Comment No public comment. V. New Business Case No. 24-06 Public Hearing to Consider a Request for Variances from §62-75 Bulk, Yard, and Space Requirements and §62-450 Extensions; Expansions; Enlargements; Intensity of Nonconforming Buildings and Structures for 4172 Blanchan Avenue. Chairperson Grund entertained a motion to open the public hearing. Commissioner Straka so moved. The motion was seconded by Commissioner Svoboda. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Chairperson Grund announced that the property owner has requested the hearing be continued to the May 23rd Planning and Zoning Commission meeting as he could not be in attendance due to unexpected circumstances. Chairperson Grund entertained a motion to continue the public hearing for Case 24-06. Commissioner Svoboda so moved. The motion was seconded by Commissioner Sabourin. 1 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 5 of 29  AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Case No. 24-07 Public Hearing to Consider a Request for a Variance from §62-75 Bulk, Yard, and Space Requirements for 3825 Raymond Avenue. Chairperson Grund entertained a motion to open the public hearing. Commissioner Straka so moved. The motion was seconded by Commissioner Svoboda. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Village Planner Kate Portillo presented the staff report. Chairperson Grund opened the floor for Public Comment and swore in those who wished to speak. The applicant Patrick Cunningham spoke about the current condition of the garage and provided his reason for wanting to build a new garage, which would be a 1 for 1 replacement. Commissioners asked questions about where the garage gutters would be directed to and if the applicant would be amendable to directing the downspouts into their rear yard and confirmed that the intended use would be for the storing of vehicles. Chairperson Grund requested any other public comment and no one else came forward to speak. Chairperson Grund entertained a motion to close the public hearing for Case 24-07. Commissioner Svoboda so moved. The motion was seconded by Commissioner Straka. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Commissioners deliberated, noting that the request is modest and the size and location of the replacement garage is comparable to the existing garage, and discussed the possible condition of downspouts directed toward the green space of the rear yard. In their findings, the Planning and Zoning Commission determined that the following standards had been met: 1. The hardship alleged is derived from difficulties pertaining to the property itself which prevent full use of the property of the same extent other properties in close proximity within the same zoning district can be used. 2. The hardship alleged as the basis for variation is not self-created or self-imposed by the applicant nor by unauthorized and unpermitted acts of any prior owner, and the petitioner is taking a non-conforming use and not making it any worse with the building of a new garage. 3. There is no other means by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. 2 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 6 of 29  4. The variation sought will not impair an adequate supply of light or air to adjacent property. 5. The variation sought will not unreasonably diminish the values of adjacent property and will instead potentially increase the values of adjacent property with the improvement. 6. The variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety as it will in fact allow vehicles to be parked off the street. 7. The variation is in harmony with the general purpose and intent of this chapter. Commissioner Straka entertained a motion to recommend approval of the Variance request with the condition that the downspouts are directed to the private property yard. Commissioner Svoboda so moved. The motion was seconded by Chairperson Grund. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Chairperson Grund indicated that he would be recusing himself from Case 24-08 as he is the architect for the applicant. Chairperson Grund entertained a motion to appoint Commissioner Todd Svoboda Chairperson Pro Tem for the remainder of the April 25, 2024, Planning and Zoning Commission meeting. Commissioner Straka so moved. The motion was seconded by Commissioner Sabourin. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Case No. 24-08 Public Hearing to Consider a Request for a Variance from §62-215 Station Area Districts for 8911 Burlington Avenue. Chairperson Pro Tem Svoboda entertained a motion to open the public hearing. Commissioner Sabourin so moved. The motion was seconded by Commissioner Straka. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 4-0. Village Planner Kate Portillo presented the staff report. Commissioners asked questions about the request being for a Variance as opposed to a Map Amendment, and about the specific relief related to ground floor commercial space. Chairperson Pro Tem Svoboda opened the floor for Public Comment and swore in those who wished to speak. Scott McNaughton came forward to represent Tartan Investments LLC and explained that the request is related to their evaluation that including commercial would be detrimental to the financial viability of the project. 3 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 7 of 29  Commissioners asked questions about the reasoning for the type of request, if a site plan is available to review the off-street parking provided on site, and if the stormwater management requirements would be met with this project. Project Architect Charles Grund responded that the request relates to the difference in the side yard setback requirements between the SA-1 district and SA-5 district, and Scott McNaughton confirmed that no other zoning relief is being requested and the stormwater management requirements will be met using and underground storage tank. Chairperson Pro Tem Svoboda entertained a motion to close the public hearing for Case 24-08. Commissioner Straka so moved. The motion was seconded by Commissioner Weber. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 4-0. Commissioners deliberated the request, discussing the standards and whether the hardship was self-created. The petitioner responded by referencing the current vacancy rate in the downtown area and also the tight margins in the development of the project. In their findings, the Planning and Zoning Commission determined that the following standards had been met: 1. The hardship alleged is derived from difficulties pertaining to the property itself which prevent full use of the property of the same extent other properties in close proximity within the same zoning district can be used. 2. The hardship alleged as the basis for variation is not self-created or self-imposed by the applicant nor by unauthorized and unpermitted acts of any prior owner. 3. There is no other means by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. 4. The variation sought will not impair an adequate supply of light or air to adjacent property. 5. The variation sought will not unreasonably diminish the values of adjacent property. 6. The variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety. 7. The variation is in harmony with the general purpose and intent of this chapter. Chairperson Pro Tem Svoboda entertained a motion to recommend approval of the variance request to omit the required ground floor commercial and to construct 100 percent residential at 8911 Burlington Avenue. Commissioner Straka so moved. The motion was seconded by Commissioner Weber. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 4-0. VI. Other Business Village Planner Kate Portillo shared updates on 8845 Burlington Avenue and 9509 Odgen Avenue, and announced Community Development Director Libby Popovic will begin on April 29, 2024. 4 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 8 of 29 VII. Adjournment Chairperson Pro Tem Svoboda entertained a motion to adjourn the meeting. Commissioner Sabourin so moved. Commissioner Straka seconded the motion. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None ABSTAIN: None Motion Passed 4-0. The meeting was adjourned at 7:32 P.M. 5 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 9 of 29  Committee Item Memo Meeting Date: May 13, 2024 Staff Contact: Kate Portillo, Village Planner Department: Community Development Subject: Discussion of Case 24-07 Request for a Variance from §62-75 Bulk, Yard, and Space Requirements for 3825 Raymond Avenue Background Information: 3825 Raymond Avenue is located in the A Single-Family Residential zoning district. In February 2024, Patrick Cunningham applied for a building permit to construct a new garage to replace the existing garage on the subject site. The parcel is a substandard lot at 35 feet wide and 4,384 square feet in area. The footprint of the existing primary structure occupies 1,157 square feet, or 26.4% of the parcel, and only 158 square feet remain before reaching the 30% maximum building coverage allowed. This makes the existing 458 square foot garage legal non-conforming and results in about 37% building coverage. The building permit application could not be approved by right. The applicant is requesting relief from the allowable building coverage to build a new 440 square foot garage, which would result in 36.4% building coverage. The total lot coverage with the proposed garage would be 51.55% and the site would meet the 40% green space requirement if granted the building coverage variance Maximum Building Existing Building Proposed Building Coverage Allowed Coverage Coverage 30% 37% 36.4% Subject Site: Page 10 of 29 On April 25, 2024, the Planning and Zoning Commission held a public hearing (PZC Case 24- 07) related to the request for relief from §62-75 Bulk, Yard and Space Requirements to allow an increase in the total building coverage to 36.4%. During the public hearing the applicant explained the declining condition of the existing garage and concrete slab, and Commissioners raised questions about where the gutters on the proposed garage would drain to and confirmed that the intention of the property owner is to store vehicles in the garage. Commissioners discussed the request and were favorable to the garage drainage being directed onto the petitioner's property. Findings of Fact: The Commission deliberations contemplated the following standards for review: Standards for Variation  The hardship must be derived from difficulties pertaining to the property itself.  The hardship must not be self-created or self-imposed by the applicant.  There is no other means than the requested variation by which the hardship can be avoided or remedied.  The variation will not impair an adequate supply of light or air to adjacent property.  The variation will not unreasonably diminish the values of adjacent property.  The variation will not create congestion in the public streets or endanger public safety.  The variation is in harmony with the general purpose and intent of the Zoning Code. By a unanimous vote of 5 ayes, 0 nays and 0 abstaining, the Planning and Zoning Commission moved to recommend approval of the requested Variation with the condition that downspouts be directed to the private property yard. Recommendation(s): Village staff recommend the Committee of the Whole discuss the petition and recommendation from the Planning and Zoning Commission and determine if it is appropriate to direct the Village Attorney to prepare an Ordinance for vote at the next Village Board meeting. Attachments: Draft PZC Minutes - April 25, 2024 Page 11 of 29  Village of Brookfield 8820 Brookfield Avenue • Brookfield, Illinois 60513-1688 (708) 485-7344 • FAX (708) 485-4971 www.brookfieldil.gov Planning and Zoning Commission · Record of Minutes April 25, 2024 @ 7:00 PM Edward Barcal Hall Boardroom 8820 Brookfield Avenue · Brookfield, IL 60513 I. Call to Order Chairperson Grund called the regular meeting of the Planning and Zoning Commission to order at 7:00 PM. II. Roll Call Present: Chairperson Grund and Commissioners Sabourin, Straka, Svoboda, and Weber. Absent: None Others Present: Trustee Liaison Jennifer Hendricks and Village Planner Kate Portillo. III. Approval of Minutes Chairperson Grund entertained a motion to approve the meeting minutes dated March 21, 2024. Commissioner Sabourin so moved. The motion was seconded by Commissioner Straka. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. IV. Public Comment No public comment. V. New Business Case No. 24-06 Public Hearing to Consider a Request for Variances from §62-75 Bulk, Yard, and Space Requirements and §62-450 Extensions; Expansions; Enlargements; Intensity of Nonconforming Buildings and Structures for 4172 Blanchan Avenue. Chairperson Grund entertained a motion to open the public hearing. Commissioner Straka so moved. The motion was seconded by Commissioner Svoboda. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Chairperson Grund announced that the property owner has requested the hearing be continued to the May 23rd Planning and Zoning Commission meeting as he could not be in attendance due to unexpected circumstances. Chairperson Grund entertained a motion to continue the public hearing for Case 24-06. Commissioner Svoboda so moved. The motion was seconded by Commissioner Sabourin. 1 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 12 of 29  AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Case No. 24-07 Public Hearing to Consider a Request for a Variance from §62-75 Bulk, Yard, and Space Requirements for 3825 Raymond Avenue. Chairperson Grund entertained a motion to open the public hearing. Commissioner Straka so moved. The motion was seconded by Commissioner Svoboda. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Village Planner Kate Portillo presented the staff report. Chairperson Grund opened the floor for Public Comment and swore in those who wished to speak. The applicant Patrick Cunningham spoke about the current condition of the garage and provided his reason for wanting to build a new garage, which would be a 1 for 1 replacement. Commissioners asked questions about where the garage gutters would be directed to and if the applicant would be amendable to directing the downspouts into their rear yard and confirmed that the intended use would be for the storing of vehicles. Chairperson Grund requested any other public comment and no one else came forward to speak. Chairperson Grund entertained a motion to close the public hearing for Case 24-07. Commissioner Svoboda so moved. The motion was seconded by Commissioner Straka. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Commissioners deliberated, noting that the request is modest and the size and location of the replacement garage is comparable to the existing garage, and discussed the possible condition of downspouts directed toward the green space of the rear yard. In their findings, the Planning and Zoning Commission determined that the following standards had been met: 1. The hardship alleged is derived from difficulties pertaining to the property itself which prevent full use of the property of the same extent other properties in close proximity within the same zoning district can be used. 2. The hardship alleged as the basis for variation is not self-created or self-imposed by the applicant nor by unauthorized and unpermitted acts of any prior owner, and the petitioner is taking a non-conforming use and not making it any worse with the building of a new garage. 3. There is no other means by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. 2 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 13 of 29  4. The variation sought will not impair an adequate supply of light or air to adjacent property. 5. The variation sought will not unreasonably diminish the values of adjacent property and will instead potentially increase the values of adjacent property with the improvement. 6. The variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety as it will in fact allow vehicles to be parked off the street. 7. The variation is in harmony with the general purpose and intent of this chapter. Commissioner Straka entertained a motion to recommend approval of the Variance request with the condition that the downspouts are directed to the private property yard. Commissioner Svoboda so moved. The motion was seconded by Chairperson Grund. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 5-0. Chairperson Grund indicated that he would be recusing himself from Case 24-08 as he is the architect for the applicant. Chairperson Grund entertained a motion to appoint Commissioner Todd Svoboda Chairperson Pro Tem for the remainder of the April 25, 2024, Planning and Zoning Commission meeting. Commissioner Straka so moved. The motion was seconded by Commissioner Sabourin. AYES: Grund, Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 5-0. Case No. 24-08 Public Hearing to Consider a Request for a Variance from §62-215 Station Area Districts for 8911 Burlington Avenue. Chairperson Pro Tem Svoboda entertained a motion to open the public hearing. Commissioner Sabourin so moved. The motion was seconded by Commissioner Straka. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None. Motion Passed 4-0. Village Planner Kate Portillo presented the staff report. Commissioners asked questions about the request being for a Variance as opposed to a Map Amendment, and about the specific relief related to ground floor commercial space. Chairperson Pro Tem Svoboda opened the floor for Public Comment and swore in those who wished to speak. Scott McNaughton came forward to represent Tartan Investments LLC and explained that the request is related to their evaluation that including commercial would be detrimental to the financial viability of the project. 3 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 14 of 29  Commissioners asked questions about the reasoning for the type of request, if a site plan is available to review the off-street parking provided on site, and if the stormwater management requirements would be met with this project. Project Architect Charles Grund responded that the request relates to the difference in the side yard setback requirements between the SA-1 district and SA-5 district, and Scott McNaughton confirmed that no other zoning relief is being requested and the stormwater management requirements will be met using and underground storage tank. Chairperson Pro Tem Svoboda entertained a motion to close the public hearing for Case 24-08. Commissioner Straka so moved. The motion was seconded by Commissioner Weber. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 4-0. Commissioners deliberated the request, discussing the standards and whether the hardship was self-created. The petitioner responded by referencing the current vacancy rate in the downtown area and also the tight margins in the development of the project. In their findings, the Planning and Zoning Commission determined that the following standards had been met: 1. The hardship alleged is derived from difficulties pertaining to the property itself which prevent full use of the property of the same extent other properties in close proximity within the same zoning district can be used. 2. The hardship alleged as the basis for variation is not self-created or self-imposed by the applicant nor by unauthorized and unpermitted acts of any prior owner. 3. There is no other means by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. 4. The variation sought will not impair an adequate supply of light or air to adjacent property. 5. The variation sought will not unreasonably diminish the values of adjacent property. 6. The variation sought will not unreasonably create congestion in the public streets or otherwise endanger public safety. 7. The variation is in harmony with the general purpose and intent of this chapter. Chairperson Pro Tem Svoboda entertained a motion to recommend approval of the variance request to omit the required ground floor commercial and to construct 100 percent residential at 8911 Burlington Avenue. Commissioner Straka so moved. The motion was seconded by Commissioner Weber. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None. ABSTAIN: None Motion Passed 4-0. VI. Other Business Village Planner Kate Portillo shared updates on 8845 Burlington Avenue and 9509 Odgen Avenue, and announced Community Development Director Libby Popovic will begin on April 29, 2024. 4 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 15 of 29 VII. Adjournment Chairperson Pro Tem Svoboda entertained a motion to adjourn the meeting. Commissioner Sabourin so moved. Commissioner Straka seconded the motion. AYES: Sabourin, Straka, Svoboda, Weber. NAYS: None ABSTAIN: None Motion Passed 4-0. The meeting was adjourned at 7:32 P.M. 5 Planning and Zoning Commission Record of Minutes – Meeting Date: April 25, 2024 Page 16 of 29  Committee Item Memo Meeting Date: May 13, 2024 Staff Contact: Vincent Smith, Public Works Director Department: Public Works Subject: Discussion of Adopting Revisions to the Village’s Chapter 58 – Vegetation Code to Meet the Tree Inventory Grant Requirements Background Information: The Village applied for a $18,500.00 Tree Inventory Grant through the Morton Arboretum on October 7, 2022. The grant was awarded to the Village on January 6, 2023. The Village Board approved a contract with Great Lakes Forestry to start the Tree Inventory Project on February 12, 2024. As part of the grant requirements, the Village was required to review and adopt language in Village Ordinance Chapter 58 – Vegetation (see attachment). Per the grant requirements, the proposed changes will promote and protect public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the Village and identifying that Village trees are a critical Village infrastructure that promotes environmental benefits to the community. Financial Impact: The Village's adoption of the changes to Chapter 58—Vegetation of the Village's Ordinance has no financial impact. Recommendation(s): Village staff recommends adopting the changes to Chapter 58 - Vegetation of the Village's Ordinance to meet the grant's requirements. Attachments: Draft Revised Vegetation Ordinance Page 17 of 29  Brookfield, Village of 2/2/23 CC Ordinance Requirement Present Location Statement of purpose for the tree Purpose protection/preservation ordinance. Added at Yes beginning Clear statement of the value and service of the Statement of Value Added at urban forest as infrastructure. Yes beginning Definitions Clear definitions of terms. Yes Sec. 58-19 Clear scope of protection, preservation, Applicability / scope of ordinance management, removals, care and pruning, selection, and planting requirements. Added in Yes purpose Identified individual and/or group responsible for making decisions about trees and enforcement of the ordinance. Includes skill Authority / Enforcement requirements or certifications for individuals/organizations managing trees for the community. Added in Yes 58-43 Tree Planting and Maintenance Standards Clear specifications standards referencing the most current American National Standards Institute, International Society of Arboriculture, National Association of Nurserymen and/or other nationally recognized organizations, or a a) tree production (nursery source reference to such in an accepted production standards) urban forest management plan for the following: Added in Yes 58-70 Page 18 of 29  b) tree planting Added in Yes 58-70 c) tree care Added in Yes 58-70 d) tree pruning Added in Yes 58-70 e) species restrictions, e.g. under utilities, use of invasive species Sec.58-70, Yes Sec. 58-71 Requirements for contracted tree Requirements for contracted tree maintenance including skill and insurance maintenance Added in requirements Yes 58-47 Establishment of a Tree Board Formation and qualifications, responsibilities, (Mandatory only if selected as a and terms for a Tree Board or other advisory voluntary bonus, see proposal group responsible for trees. scoring) Not required Tree permit requirements, penalties, and Permits enforcement Yes 58-78-C Protection of trees during Tree protection from construction impacts, construction and fee and penalty requirements. Yes Sec. 58-76 Relocation and/or replacement requirements, Relocation or replacement fees, and penalties for trees removed, damaged or killed. Yes 58-78B Procedure to follow for appealing a citation, Appeals Added in as and civil remedies Yes last section Clear penalties for failure to comply with the Penalties provisions of the ordinance or reference to fee schedule Yes Sec. 58-45 Page 19 of 29  Restricted/Prohibited/Undesirable species lists and Desirable/Approved species lists or a Received Species Lists reference to such lists in tree management 8.28.23, in plan file and Yes referenced Exceptions Exempted situations and variance Yes 58-78 Statement of severability (this may exist in a Severability related Code) Yes 1-9 Red = Required section. The specific language can change, however. Blue = Optional but highly encouraged to improve clarity and enforcement. ARTICLE II. - TREES DIVISION 1. - GENERALLY Sec. 58-XX a. Purpose. It is the purpose of this article to promote and protect public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the Village. b. Intent. It is the intent of the Village council Board that the terms of this article shall be construed so as to promote: o The planting, maintenance, restoration and survival of desirable trees, shrubs, and other plants within the village; and o The protection of community residents from personal injury and property damage, and the protection of the city Village from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants located on village property. The Village of Brookfield recognizes that trees: A. Protect, preserve, and enhance the quality of life and general welfare of the Village and its property owners and conserve and enhance the Village’s natural, physical, and aesthetic environment. B. Trees need to be preserved, protected, and properly planted and maintained within the Village so that trees can protect, enhance, and preserve the quality of life for people within the Village. C. Trees are an integral part of the infrastructure of the Village and, as such, are preserved, protected, and cared for as other critical Village infrastructure. Trees provide the following services and benefits: . Trees absorb pollution from the air; a. Trees absorb and sequester carbon dioxide; Page 20 of 29 b. Trees absorb and filter pollution from stormwater run-off; c. Trees produce oxygen; d. Trees reduce flooding; e. Trees stabilize soils and reduce erosion; f. Trees cool the surrounding area, helping to reduce impacts due to heat islands; g. Trees reduce energy consumption by shielding structures from harsh winds and sun; h. Trees provide a buffer and screen against noise, light, and pollution; i. Trees improve property values; j. Trees improve commercial district traffic and purchasing; k. Areas with trees have lower crime rates; l. Areas with trees have higher levels of community interaction; m. Trees provide an essential important habitat for birds and other wildlife, and n. Trees protect and enhance our quality of life. D. Trees provide collective Village benefits not limited to property or community boundaries. E. Recognize the historical significance of legacy trees and preserve and protect them within the Village. Sec. 58-19. - Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: American National Standards Institute (ANSI) Standards means the standards developed by the American National Standards Institute, the primary organization supporting the development of technology standards in the United States. Contractor means any person or entity hired by the Village to perform maintenance on trees or the construction of any structure on a commercial or residential lot within the village limits. Certified Arborist means any individual experienced in the profession of forestry or a related field and are certified in forestry by the International Society of Arboriculture. Diameter at Breast Height (DBH) means the diameter of the trunk of the tree measured in inches at a point 4.5 feet above ground level. This forestry standard measurement is used for established and mature trees and is referred to as “DBH”. All references to diameter size shall be to the DBH. Critical Root Zone means the area on the ground extending out from the trunk of the tree in all directions, at a distance of at least one foot for every inch of Diameter at Breast Height (DBH). Damage means the impact or loss of function to any tree including but not limited to, removal, root compaction, root removal, girdling, soil contamination, topping, pruning more than 20% of the trees, canopy removal, bark removal, poisoning and or/ actions resulting in the decline or death of a tree. Dangerous tree means any dead or damaged tree that, because of its size, condition, and proximity to persons, public sidewalks, public streets, residential structures or the affected property, or proximity to residential structures on adjoining property, may inflict injury or cause harm to persons, property, or the health of the general public. Page 21 of 29 Park includes all public parks with having individual names. The park and street trees department is the department of forestry, street trees or other designated department of the municipality under whose jurisdiction street trees fall. The Forestry division within Public Works is the designated division within the municipality whose jurisdiction parkway trees fall under. Parkway means that part of the right-of-way a street or highway, not covered by a sidewalk or other paving, pavement lying between the property line and that portion of the street or highway usually used for vehicular traffic. Principal thoroughfare means any street upon which trucks are not prohibited. Property line means the outer edge of a street or highway. the public right-of-way. Property owner means the person owning such property as shown by the county auditor's plat of Cook County, Illinois. Public places include all other grounds owned by the village. Shrubs, as used in this article, means any plant and branches of which grow from grade to a height of less than ten feet. Street or highway means the entire width of every The public way or right-of-way means when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic. Trees: (1) Large trees are designated as those attaining a height of 50 feet or more. (2)Medium trees are designated as those attaining a height of 30 to 50 feet.(3) Public trees include all shade and ornamental trees now or hereafter growing on any street right-of-way or any public areas where otherwise indicated.(4) Small trees are designated as those attaining a height of 30 feet or less. Tree Bank means a bank account established to receive and hold deposits and fees for damaged for trees which were damaged and/or removed trees. These funds may be used to purchase and care for trees throughout the Village. An Urban Forest Management Plan means a detailed plan developed and approved by the Village under the direction of the Village Manager or designee, with the advisement of a certified arborist. This plan protects this valuable infrastructure and outlines thoughtful strategies for tree planting, selection, care, and preservation for the Village. Village manager or his agent means the qualified designated official of the Village assigned to carry out the enforcement of this article. (Code 1964, § 27-2; Ord. No. 1976-9, § 1, 4-12-1976) Page 22 of 29 Secs. 58-20—58-41. - Reserved. DIVISION 2. - ADMINISTRATION AND ENFORCEMENT Sec. 58-42. - Applicability. All work on public trees shall comply with the provisions of this article. (Code 1964, § 27-32(a); Ord. No. 1976-9, § 2, 4-12-1976) Sec. 58-43. - Duties and authority of Village Manager. (a)Generally. The village manager or his designated agent shall have the authority if needed, and jurisdiction of regulating the planting, maintenance, and removal of trees on streets and other publicly owned property to ensure the safety or preserve the aesthetics of such public sites. The Village Manager shall consult with the Village Arborist Forester or other Certified Arborist in matters relating to the management of the urban forest in the Village and ensure best practices for tree management. (b)Promulgate rules and regulations. The Village Manager or his their agent designee shall have the authority to promulgate the rules and regulations of the arboricultural, specifications and standards of practice governing the planting, maintenance, removal, fertilization, pruning, and bracing of trees on the street right-of-way or other public sites in the municipality. (c)Supervision. The Village Manager or his their designated agent designee shall have the authority, and it shall be his their duty to supervise or inspect all work done under a permit issued in accordance with the terms of this article.(d)Condition of permit. The Village Manager or his their designated agent designee shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this article. (e) The Village shall have a goal of having at least one ISA Certified Arborist on staff to assist in determining new updates to the arboricultural specifications and standards of practice for tree care and maintenance in the Village. (Code 1964, §§ 27-4, 27-31; Ord. No. 1976-9, § 1, 4-12-1976) Sec. 58-44. - Interference with enforcing authorities prohibited. No person shall hinder, prevent, delay, or interfere with the Village Manager or his agents designee while engaged in carrying out the execution or enforcement of this article, provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the municipality. (Code 1964, § 27-8; Ord. No. 1976-9, § 1, 4-12-1976) Sec. 58-45. - Penalties. Any person, firm, or corporation violating or failing to comply with any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof shall be fined a sum no less than $5.00 nor more than $5,000.00, or may be imprisoned for a term not exceeding 60 days, or both. All penalty fees collected as a result of the enforcement of this article shall be forfeited to the Tree Bank to be used for tree care or tree planting in other areas of the Village. Any entity or person who causes damage to a public tree on Village property shall be held responsible for the cost of the repairs, such as but limited to pruning or cabling, if the injured tree will not die as a result of such injuries. Each tree cut down, destroyed, damaged, removed, or moved shall constitute a separate offense. In cases where the tree has been damaged Page 23 of 29 beyond repair and cannot remain in the public right-of-way because it is determined by the Village Arborist Forester to be a "dangerous tree" as defined in section 58-19 of this Code, the entity or person responsible for the damage shall also pay the cost the Village incurs to remove and replace the tree. In addition to any fines that may be assessed for violation of this section, the person or entity found liable shall pay to the Village a sum equal to the value or partial value of the tree lost as a result of due to the violation. The value or partial value of the tree lost shall be as determined by the Village Arborist Forester in accordance with the reasonable cost of replacement thereof as set forth in a current publication of the International Society of Arboriculture, if available, otherwise based on the average of two (2) written price quotes procured by the Village Arborist Forester from at least two (2) different area nurseries. The collection of this fee shall be deposited into a Tree Planting Fund to be administered by the Public Works Department. (Code 1964, § 27-11; Ord. No. 1976-9, § 1, 4-12-1976) Sec. 58-46. - Planting, maintenance, and removal of public trees restricted. No person other than authorized village officials and employees shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or municipal-owned property. (Code 1964, § 27-5(a)(1); Ord. No. 1976-9, § 1, 4-12-1976) Sec. 58-47. - Contractor license required for work on private trees. No person shall engage in the business of trimming, spraying, preserving, or removing trees from private property without first having obtained a contractor license from the village. Any contractor hired by the Village to perform work on public trees must present evidence of the necessary experience, capability, facilities, equipment, and financial resources to provide the desired services in a timely manner. At all times, a minimum of one ISA Certified Arborist shall be present on all job sites at all times, and proof of qualifications is required. (Code 1964, § 27-38(1); Ord. No. 1976-9, § 2, 4-12-1976; Ord. No. 1981-8, 3-9-1981) Secs. 58-48—58-69. - Reserved. DIVISION 3. - STANDARD AND SPECIFICATIONS Sec. 58-70. - Tree placement. (a)In order to keep a large variety of tree species to prevent the spread of disease, different species shall be planted next to each other on all public parkways. Tree species shall be approved by the Village Forestry department prior to planting. (b)All planting locations shall be approved by the Village Forestry department prior to planting. Tree location shall comply with the following requirements:(1)There shall be a 30-foot spacing between trees, which the Village Arborist can be adjusted by the village arborist based on the tree size.(2)No tree shall be planted within ten feet of water and sewer lines.(3)No tree shall be planted within five feet of driveways or sidewalks.(4)No tree shall be planted in the area where there has been a stump removed previously, based on history of the location and probing the parkway for planting availability. 5) No large or medium-sized tree shall be planted under utility lines. Page 24 of 29 (c) All trees planted within the Village right-of-way or upon Village-owned property shall be planted in accordance with the minimum standards and procedures therefor in the most recent edition of the American Standards for Nursery Stock (ANSI Z60.1). (d) All tree care practices with respect to concerning trees growing upon or planted in any Village right-of-way and on any Village-owned property shall be accomplished under the direction of the Village Arborist Forester and in compliance with the most current edition of the ANSI A300 Standards for tree planting, pruning, and maintenance. (Code 1964, § 27-34; Ord. No. 1976-9, § 2, 4-12-1976; Ord. No. 1981-8, 3-9-1981) Sec. 58-71. - Species, cultivars, or varieties. (a)The Village Manager or their his agent designee shall prepare a list of trees acceptable for planting in on the Village’s public sites of the village. Tree species shall be selected from the Northern Illinois Tree Species List from the Morton Arboretum. Undesirable trees shall not be recommended for general planting, and their use, if any, shall be restricted to special locations where they can be used to their advantage because of certain specific characteristics of adaptability or landscape effect. They can be used to advantage. No species from the Undesirable Species List shall be planted on Village property. A copy of the Undesirable Species list is available at the Village Hall. (b)Only desirable, long-lived trees of good appearance, beauty, adaptability, and generally free from injurious insects or disease shall be planted in public sites. (c)The Village Manager or their his agent designee shall review, at least once every two years, the species, cultivars, and varieties included on the approved list to determine if any should be removed for any reason or if certain new species, cultivars, or varieties of proven dependability and value should be added. (Code 1964, § 27-33; Ord. No. 1976-9, § 2, 4-12-1976) Sec. 58-72. - Pruning of parkway trees. (a)All parkway trees shall be trimmed to village specifications for health, safety and appearance and in accordance with the most recent version of ANSI A300 Pruning Standards. (b)Large trees shall be trimmed at least 16 feet above streets and walkways for vehicle clearance and pedestrian safety, private property clearance as well as visibility. Smaller trees shall be trimmed at least seven feet above the sidewalk grade and shaped for proper growth. (c)The Village may require that all parkway trees be trimmed on a rotating basis once every five years. (d)Trees on municipal property shall be surveyed twice yearly annually or by request and scheduled for removal if found to be diseased or hazardous. (Code 1964, § 27-35; Ord. No. 1976-9, § 2, 4-12-1976; Ord. No. 1981-8, 3-9-1981) Sec. 58-73. - Spraying of public trees. (a)Spraying shall be done only for the control of specific diseases or insects, with the proper materials in the necessary strength, and applied at the proper time to obtain the desired control. All spraying practices shall conform to federal and state regulations. (b)Dormant oil sprays shall not be applied to sugar maple, japanese maple, beech, flowering dogwood, hickory, walnut, and most crabapple trees. Dormant oil sprays shall be applied to other trees only when the air temperature is 40 degrees Fahrenheit or above and when it is not likely to drop below this temperature for a period of 24 hours. (c)Suitable precautions shall be taken to protect and warn the public that spraying is being done. (Code 1964, § 27-36; Ord. No. 1976-9, § 2, 4-12-1976) Page 25 of 29 Sec. 58-74. - Abuse or mutilation prohibited. Unless specifically authorized by the Village Manager or their his agent designee, no person shall intentionally damage, cut, carve, transplant, trim, or remove any tree; attach any rope, wire, nails, advertising posters, or any other contrivance to any tree, allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree. (Code 1964, § 27-7; Ord. No. 1976-9, § 1, 4-12-1976) Sec. 58-75. - Excavations. No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten feet from any public tree without first obtaining a written permit from the Village Manager or their designee his agent. (Code 1964, § 27-9(b); Ord. No. 1976-9, § 1, 4-12-1976) Sec. 58-76. - Protection of trees. All trees on any street or other publicly owned property near any excavation or construction of any building, structure, or street work shall be guarded with a good, substantial fence, frame, or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the truck in inches D.B.H., whichever is greater, and all building material, dirt, or other debris shall be kept outside of the barrier. (Code 1964, § 27-9(a); Ord. No. 1976-9, § 1, 4-12-1976) Sec. 58-77. - Obstructing root area of public tree prohibited. No person shall deposit, place, store, or maintain upon any public place of the municipality any stone, landscape brick, wood, panel, brick, sand, concrete, or other materials within the critical root zone of any public tree, which may impede the free passage of water, air, and fertilizer to the roots of any public tree, except by written permit of the Village Manager or their his agent designee. Each day in which any person or entity is in violation of this section shall count as a separate offense. (Code 1964, § 27-10; Ord. No. 1976-9, § 1, 4-12-1976) Sec. 58-78. - Removal of public trees prohibited; exceptions. (a)Public health and safety. No trees shall be removed from public places unless they constitute a hazard to life or property, a public nuisance, or because a revision of planting plans necessitates. (b)Removal by the Village for street improvements. Whenever it is necessary for the Village to remove a tree or trees from a parkway in connection with the repaving of an existing sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the Village shall replace them. (c)Removal by contractor or owner for construction. No contractor or property owner shall remove a tree from the parkway for the purpose of construction or for any other reason without first filing an application and procuring a permit from the Village Manager, and without replacing the removed trees in accordance with the adopted Village specifications. The caliper size of the tree shall be a minimum of a 2” diameter or greater with an approved species for that area upon Page 26 of 29 the inspection of the Village Manager or Village Arborist. Such replacement shall meet the standards of size, species, and placement as provided for in a permit issued by the village manager. The contractor or property owner shall bear the cost of removal and replacement of all trees removed. (Code 1964, §§ 27-5(d)(1), 27-5(d)(2), 21-32(d); Ord. No. 1976-9, §§ 1, 2, 4-12-1976) Sec. 58-79. - Duty of private tree owners. (a)Obstruction prohibited. It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such a manner that will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection.(b)Diseased trees prohibited. It shall be the duty of any person growing a tree on his their property to trim the tree and to treat or remove any diseased tree to prevent the trees from constituting a nuisance to the neighbor or to the public.(c)Minimum clearance—Public trees. The minimum clearance of any overhanging portion thereof shall be ten (contradicts the seven feet in section Sec. 58-72. - Pruning of parkway trees.) ten feet over sidewalks, and 12 feet over all streets except truck thoroughfares which shall have a clearance of 16 feet.(d)Same—Private trees. Any tree or shrub which overhangs any sidewalk, street, alley or other public place in the village in such a way as to impede or interfere with traffic or travel, or within 16 feet of the street or seven feet of a sidewalk level, shall be trimmed by the owner of the premises abutting or of the premises on which such tree grows so that the obstruction shall cease.(e)Notice to correct. Should any person or persons owning real property bordering on any street fail to maintain trees as required in this article, the Village Manager or their designee his agent shall order such person, or persons, within ten days after receipt of written notice, to prune such trees.(f)Order required. The order required herein shall be served by mailing a copy of the order to the last known address of the property owned, by certified mail.(g)Failure to comply with order; costs. When a person to whom an order is directed shall fail to comply within the specified time, the village may hire a contractor to trim, remove or otherwise maintain the trees, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments. (Code 1964, §§ 27-6, 27-37; Ord. No. 1976-9, §§ 1, 2, 4-12-1976; Ord. No. 1981-8, 3-9-1981) Sec. 58-80. - Correction of improper plantings; assessment of costs. Whenever any tree shall be planted or set out in conflict with the provisions of this article, it shall be lawful for the Village Manager or their designee his agent to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessment. (Code 1964, § 27-5(b)(2); Ord. No. 1976-9, § 1, 4-12-1976) Secs. 58-81—58-103. - Reserved. DIVISION 4. - DISEASED AND INFESTED TREES Sec. 58-104. - Dutch elm disease. Elm trees of all species and varieties infected with Dutch elm disease (fungus Ceratostomella Ulmi) are hereby declared to be a public nuisance, shall be removedremoved, and burned within 30 days following notification of the discovery of such infection. It is unlawful for any person, firm or corporation, being the owner of property whereon such tree is situated to possess or keep such a tree after the expiration of 30 days following notification of the discovery of said infection. Page 27 of 29 (Code 1964, § 27-51; Ord. of 7-13-1964, § 1; Ord. No. 1976-9, § 2, 4-12-1976; Ord. No. 1978- 35, § A, 8-28-1978) Sec. 58-105. - Elm bark beetles. Elm trees or parts thereof in a dead or dying condition that may serve as a breeding place for any elm bark beetle (particularly Hylurgopinus rufipes of Scolytus Multistriatus) are hereby declared to be a public nuisance, and it shall be unlawful for the person, firm or corporation owning property whereon the same is situated to possess or keep the same in such condition. (Code 1964, § 27-52; Ord. of 7-13-1964, § 1; Ord. No. 1976-9, § 2, 4-12-1976) Sec. 58-106. – Right-of-entry for inspection and enforcement. The Village Manager or their designee is charged with the enforcement of this article, and to that end may enter, or direct a representative to enter, upon private property at all reasonable hours for purposes of inspecting trees thereon, and may cause to be removed such specimens as are required for purposes of analysis to determine whether or not the same are infected, and to cause to be removed such diseased trees upon failure of the owner to do so after due notification. (Code 1964, § 27-53(a); Ord. of 7-13-1964, § 1; Ord. No. 1976-9, § 2, 4-12-1976) Sec. 58-107. - Interference with enforcing authority prohibited. It shall be unlawful for any person to prevent the Village Manager or their his representative entering on private property for purposes of carrying out their his duties hereunder, or to interfere with such Village Manager in the lawful performance of their his duties under provisions of this article. (Code 1964, § 27-53(b); Ord. of 7-13-1964, § 1; Ord. No. 1976-9, § 2, 4-12-1976) Sec. 58-108. - Abatement by village; costs of abatement. In cases where the property owner fails to remove a tree as required by this article and an infected tree is removed at the direction of the Village Manager or their designee, it shall be the duty of the Village Manager to cause a statement of charges for such tree removal and disposal to be sent to such property owner. (Code 1964, § 27-54; Ord. of 7-13-1964, § 1; Ord. No. 1976-9, § 2, 4-12-1976) Sec. 58-109. - Collection of costs. Whenever such charges shall remain unpaid for a period of 30 days from the date of the bill herein provided for, the Village Attorney is hereby authorized to institute suit in the name of the Village to enforce collection of such charge, or to file a sworn statement showing such obligation in the Office of the Recorder of Deeds of the County, and the filing of such statement shall be deemed notice of the lien for payment of such charges. (Code 1964, § 27-55; Ord. of 7-13-1964, § 1; Ord. No. 1976-9, § 2, 4-12-1976) Secs. 58-110—58-131. - Reserved. DIVISION 5. - TREE REPLACEMENT PROGRAM Sec. 58-132. - Generally. Page 28 of 29 There is hereby established a voluntary tree replacement program for the purpose of providing for the replacement of trees on municipal property and for the payment of the cost thereof in equal portions by the Village and the owners of properties desiring to participate in the program. (50/50 Shared cost tree planting program). (Code 1964, § 27-60(a); Ord. No. 1978-43, A, 10-23-1978) Sec. 58-133. - Administration. The superintendent Village Arborist Forestry Foreman of public works shall administer the Tree Replacement Program. The Village Arborist Forestry Foremen He shall determine which portions of the Village are in need of replacement trees under the program and shall establish priorities for accomplishing the same. The Village Arborist Forestry Foreman He shall notify the owner or owners of property abutting the municipal property determined to be in need of trees under the program and shall invite their participation. (Code 1964, § 27-60(b); Ord. No. 1978-43, A, 10-23-1978) Sec. 58-134. - Property owner request for participation. A property owner may also initiate a request to participate in the program and may direct the attention of the Village Arborist Forestry Foreman superintendent of public works to the municipal property upon which such owner's property fronts for the determination as to the need for a replacement tree. (Code 1964, § 27-60(b); Ord. No. 1978-43, A, 10-23-1978) Sec. 58-135. - Procedure. (a)When the Forestry ForemanVillage Arborist superintendent has determined that there are sufficient portions of the Village requiring replacement trees under the program, the Village Arborist Forestry Foreman he shall obtain cost estimates and shall notify each participating property owner of his proportionate share of such cost and request deposits of such amounts to be made with the Village Treasurer.(b)When such deposits have been made, the Village Arborist Forestry Foreman superintendent of public works shall proceed to have the tree replacement work completed.(c)Any excess in the amount of the deposits over actual cost of the replacement shall be refunded pro rata to the participants; any deficiency in the amount of such deposits, as related to the actual cost of the work, shall be collected from each participant in the same pro rata manner. (Code 1964, § 27-60(c); Ord. No. 1978-43, A, 10-23-1978) Sec.58-XX Appeals Any action or decision by the Village pertaining to the adherence to this article may be appealed to the Director of Public Works. Only after the Director of Public Works issues a decision may the issue be further appealed to the Village Administrator. An appeal to the Village Administrator must be submitted in writing including the reasons for the appeal within ten (10) days after a decision has been rendered by the Director of Public Works. The decision of the Village Administrator shall be final and will be mailed to the applicant and the Director of Public Works. Page 29 of 29