The Caucus System in Riverwoods
What Is It? Why Is It? How Does It Work?

Woodland Protection Ordinance

In our staff meeting and subsequent discussions, Pat Glenn suggested another approach to woodland protection which would eliminate nonconformance as a concern, eliminate the creation of a map and overlay district, eliminate the need to determine existing non-conforming properties and possibly provide for greater clarity in administration.

The approach follows the strategy adopted by the Watershed Development Ordinance where the emphasis is on regulating against increases in impervious area above the existing impervious areas.

In the woodland context, simply stated, no property owner, after the date of the ordinance, would be permitted to reduce existing woodland areas on his or her property by more than thirty percent (30%).

The issue of removing trees already requires a permit and would provide in most instances an early warning of woodland being eliminated.

The great majority of compliance issues would occur when new construction is proposed, site plans are being prepared and inspections by the village forester are already scheduled. The village forester can determine the amount of existing woodlands based on a field inspection (no more indeterminate than the determinations of wetlands that we make routinely) and review the proposed plans to verify that the ordinance is being followed.

Take the following three (3) examples, the first two assuming a 45,000 square foot lot and the third assuming an 80,000 square foot lot:

Example 1. Never been built on lot - This is the most restrictive case because if the lot is 100% covered in woodland, the removal of woodland is limited to 30% of the lot. On a 45,000 square foot lot, this would leave 13,500 square feet for buildings, lawn and driveways. This restriction is similar to the proposed ordinance under discussion that would limit “covered area” to 30%.

Example 2. Small house about to be torn down - If the house is 2,400 square feet and roughly 20% of the lot is planted with grass, that would mean 11,400 square feet is existing non-woodland. With respect to the remaining 33,600 square feet, the ordinance would say no more than 30% of that woodland area can be converted to non-woodland. The ordinance would allow a maximum of 11,400 (previous non-woodland area) plus 10,400 (30% of newly created non-woodland area) for a total of 21,400 square feet of non-woodland area. This is more generous than Example 1 because the total covered area (21,400/45,000) = 47.7%.

Example 3. Addition To Home When Large Areas Have Previously Been Converted to Non-Woodland - In this case, say that 60,000 square feet of 80,000 square feet is already non-woodland. The ordinance would state that no more than 30% of the remaining 20,000 square feet of woodland area could be converted.

What would this type of ordinance accomplish? It targets an ultimate goal – that the Village of Riverwoods should not lose more than 30% of the existing woodland areas – in the aggregate when viewed over the entire eco-system. If the ordinance were followed rigorously and over time all property owners with woodland areas availed themselves of the maximum conversion possible under the ordinance, then at the end of that process the Village would have only 70% as much woodlands as it has today. Whether it is desirable for woodland conversion to proceed at a slower or faster pace (according to the different views of residents), it is helpful at least to imagine the desired-for end result.

Is there unequal or unfair treatment? The solution to this issue that troubled many trustees is possibly answered by the new proposal in this fashion: the ordinance looks forward only and applies the same maximum percentage reduction to every lot uniformly throughout the village. The house in Example 1 has a different starting point than the house in Example 3, but the rule going forward is the same. Rules that look forward at that snapshot in time usually find that properties are differently situated. But, it would be impossible to frame any zoning amendment that did not affect existing properties differently. The point here is that no properties would be deemed nonconforming. Properties that have more existing woodland areas are precisely those that have more woodland areas to preserve. If the maximum conversion figure should be 40%, then the fully vacant lot can be developed more intensely, but at the end of the process, the goal is then to preserve only 60% of the Village’s existing woodland areas.

It may be possible to consider some sort of mitigation fee, but it may be difficult to ensure that the funds would be used to re-introduce woodlands elsewhere in the village.

In thinking about some of Trustee Masterson’s questions, one issue that has come up is why the Tree Preservation Ordinance alone cannot protect woodlands. The answer from Chuck Stewart is that all that is required is the replacement of trees and the mitigation being offered by typical new development is not woodland restoration but simply tree planting. Only part of the woodland eco-system is being maintained and therefore the woodlands as a whole are still lost.

With respect to whether woodland areas are merely an aesthetic choice, I think that we should maybe try to have more expert testimony on the subject. The Department of Natural Resources and other experts can perhaps shed light on whether the woodland areas confer benefits that are substantive and should be weighed in the equation against property rights. Also, experts from the Stormwater Management Commission could be involved to discuss impact on drainage and storm water runoff.

Counting Deer in Riverwoods

Past Deer Counts Each winter since the late 1980's the Lake County Forest Preserve District (LCFPD) has counted deer via aerial survey in Ryerson Woods. The LCFPD count includes roughly the western half of Riverwoods - west of Portwine Rd. and Kenilwood Lane. - Since deer tend to move between adjacent areas of Riverwoods and Ryerson Woods.

During the last two winters, the Riverwoods Preservation Council (RPC) coordinated with the LCFPD to extend its count to include all of Riverwoods. The RPC employed the same experienced biologists as the LCFPD. In 2009, the Village shared the cost with the RPC.

The goals were to ensure that the deer count numbers in Riverwoods were reliable and that they could be combined with the deer count numbers in Ryerson for an overall picture of deer in the area. In past years, a significant number of deer were found in portions of the area surveyed.

This Year, for the first time since 2000, the Village Board decided to count deer. Trustee Sherry Graditor questioned the validity of the LCFPD's correction of deer count numbers. The Village decided to count on its own rather than coordinate with the LCFPD. Two representatives from Urban Forest Management (the Village Forester), conducted the count. Trustee Richard Koomjian participated.

Conducting the Count Deer are counted from a helicopter. Experience is important, since it is difficult to distinguish deer from dark patches and shadows of trees and other objects.

The LCFPD counted deer on January 11 and 12, using a LCFPD wildlife biologist as well as a wildlife biologist from Christopher B. Burke Engineering, the contractor used in prior years. Counting conditions on the second day were better than on the first.

The Village of Riverwoods conducted its count on January 19 and 20. As in the case of the LCFPD count, counting conditions on the second day were better than on the first.

Correcting the Count The experts apply a correction factor to deer numbers seen from the air, to account for deer missed in the count. Studies have shown that between 25% and 50% of deer are missed in an aerial count. The LCFPD uses the 25% figure.

Overpopulation Ecologists' rule of thumb is that 15 deer per square mile is the desirable maximum in an unstressed area to preserve the health of the deer and the survivability of desirable vegetation. For areas with less food, e.g., stressed woodlands with little understory, like Riverwoods, a concentration of 5 to 15 deer per square mile is desirable.

The Deer Count Numbers Deer move within Riverwoods and between Riverwoods and the forest preserves, so day-to-day and even hour-to-hour counts can vary significantly. Any count is simply a snapshot of one moment in time. That is why the Village counted deer in Riverwoods and in nearby locations from which deer could reasonably enter the Village - adjacent Ryerson, other adjacent Lake County forest preserves and Potawatomie Woods. For the same reason, the LCFPD counts deer in the forest preserves and in the western half of Riverwoods. The count conducted by the Village yielded dramatically lower numbers than the count conducted a week earlier by the LCFPD.

View the March/April 2010 Village Voice for more information

It is Breeding Season for Coyotes

Coyotes are an important part of our native ecosystem and are wild animals. If you are attracting them to your yard - stop. Ultimately, this will become a problem for you and the coyote. Let them live their life as they should, wild and without our interference.

February and early March are breeding season for coyotes. Pups are born approximately 60 days later in late April or May. Coyotes will be more active in February and early March so you may hear more howling and see more activity.

If you don't want coyotes in your yard do not provide an "attractive nuisance." This would be any food source, i.e., garbage, pet food, food compost, etc.; or a home source, i.e., wood pile, access points under porches or decks, holes in the ground, etc. If you see coyotes regularly in your yard make their visit uncomfortable, bang on pots, sound a horn, etc.

Pups are blind and helpless at birth and are covered with brownish-gray woolly fur. Their eyes open between 8 and 14 days of age. The young first come out of the den when they're about 21 days old but don't remain outside for long periods until they are 5 or 6 weeks of age. Both parents care for the young, especially after they're weaned. Hunting short distances from the den (usually 3 to 5 miles), the parents kill and eat what they catch, then regurgitate it for the pups when they return. The pups begin to learn to hunt for themselves when they are 8 to 12 weeks old. The family usually moves away from the den about this time, and often breaks up in late summer or early fall. After they leave their parents, some young may move up to 120 miles away in search of their own living space.

Wilflife Safety Precautions

Living in Lake County, you've probably seen deer, fox, coyotes and other wildlife in close proximity to your home. Due to the loss of habitat by development, some wildlife can be seen within residential communities. For the safety of you and your pets, the Lake County Health Department/Community Health Center and the Lake County Forest Preserves recommend the following:

• Do not feed wildlife.
• Keep pet food and water dishes inside.
• Turn on outside lights, make noise and observe the area for any sign of wildlife before letting your pets outdoors.
• Supervise pets and children when outdoors and keep
dogs leashed when not in a fenced yard.
• Don't allow spilled birdseed to accumulate outside of bird feeders.
• If possible, do not keep garbage cans outside. Or, use sturdy cans and keep the lids securely fastened.