(a)   Trees not in a Protected Hillside Zone, less than nine inches in caliper (diameter) (measured fifty-four inches above the ground) may be cut without a permit. However, where multiple trees of less than nine inches in caliper (diameter) are to be cut for the purpose of creating a view, a plan and permit are required.

   (b)   Property owners may cut not more than two trees per year larger than nine inches in caliper (diameter) without a permit.

   (c)   Meadow maintenance under a long-term permit already issued may be done without a new permit.

   (d)   Dead and diseased trees, and damaged trees which threaten life or property, or which cannot be revived (e.g. blown off vertical), may be removed without a permit. However, a tree-cutting contractor for such work must be licensed. (See Section 1173.11.)

      (Ord. 2543. Passed 7-13-93.)

   (a)   Within the area to be occupied by a permanent structure together with fifteen feet on all sides, subject to Village approval of the location of the structure.

   (b)   Within an area occupied by access roads, parking areas, accessory buildings, sidewalks, utility installations and similar necessary development (subject to Village approval of the location of said improvements).

   (c)   View corridors subject to the requirements of Chapter 1171 (Erosion and Sedimentation Control) and Chapter 1175 (Protected Hillside Zone) of the Planning and Zoning Code.

   (d)   Open areas not exceeding fifty percent of the lot (e.g. a meadow or pasture) which, in the judgement of the Village, maintains the rural and woodland atmosphere of the Village.

   (a)   The location of all trees nine inches or larger in caliper (diameter) (measured fifty-four inches above ground), within the area to be modified from its natural state and twenty- five feet beyond in each direction, or to the property line, whichever is less;

   (b)   An indication of which trees remain and which will be removed. Trees to be removed will be marked on site with a red ribbon.

   (c)   A general description of all other types of vegetation in the same area;

   (d)   Existing and proposed topography;

   (e)   The nature and location of all improvements;

   (f)   The location of the Protected Hillside Zone, if applicable; and

   (g)   The name and address of the licensed tree cutting contractor.

      (Ord. 2543. Passed 7-13-93.)

   (a)   A nonrefundable fee of five dollars ($5.00) for each tree over nine inches in caliper to be removed.

   (b)   A deposit of one hundred dollars ($100.00) or such larger or lesser amount as may be determined by the Building Official based on his or her estimate of cost to be incurred by the Village and the Village Arborist in reviewing the application for a permit and to insure the payment by the applicant of expenses incurred by the Village in processing the application and pertinent papers connected therewith. The cost and expense of any investigation carried out by the Building Official, the Village Arborist or such other professionals and Village officials as may be necessary to determine whether or not the proposed application is in accordance with law, the cost of any and all notices required and all other necessary expenses shall be paid by the owner. The actual expenses shall be paid by the owner upon demand of the Treasurer. The unexpended balance of the deposit shall be refunded to the applicant upon completion of all administrative proceedings involved in connection therewith. No filing fee shall be refunded or returned. No permits shall be issued until all sums required to be paid by the applicant have been paid.

   (c)   Alternatively, in lieu of all other fees or deposits, a nonrefundable fee of five dollars ($5.00) shall be required for a master vegetation plan permit issued pursuant to Section 1173.03(c).

   (d)   The fee required by subsection (a) hereof may be waived, at the discretion of the Building Official, in those circumstances where the Building Official believes that the tree cutting is part of a long-term meadow management or tree management plan consistent with the intent of this chapter.

      (Ord. 2543. Passed 7-13-93; Ord. 2014-03. Passed 4-8-14.)

      (1)   To protect public and private property owners from damage to human life and safety, and to property, that could potentially be caused by increased hillside instability.

      (2)   To assure access to properties within the Protected Hillside Zone by emergency police and fire vehicles to protect persons and property.

      (3)   To preserve and protect the unique scenic resources and scenic river habitats in the Protected Hillside Zone.

      (4)   To preserve and protect the valuable hydrological systems, fragile hillsides and valuable flora and fauna in the Protected Hillside Zone.

      (5)   To permit, subject to the best available technology, development on Protected Hillside Zone areas while conserving and promoting the public health, safety, convenience and general welfare by minimizing problems due to water runoff and soil erosion incurred in adjustment of the topography to meet developmental needs.

      (6)   To use the best accepted design, landscape architecture, architecture, civil engineering and hydrological engineering to preserve, enhance and promote the existing and future appearance and resources in Protected Hillside Zone areas.

      (7)   To preserve and enhance the natural beauty of Protected Hillside Zone areas by encouraging the maximum retention of natural topographical features such as natural drainage swales, streams, slope ridge lines, rock outcropping, vistas from and of the hillside, trees and other natural plant formations, and to retain the sense of identity and image that the Protected Hillside Zone areas now impart to the Village.

      (8)   To complement the other actions of the Council, including the enactment of an erosion control ordinance, the enactment of a vegetation preservation ordinance and the designation, along with other communities, of the Chagrin River Corridor as a "Scenic Corridor" which should be protected and preserved.

   (a)   "Cut" means a portion of land surface or area from which the earth has been removed or will be removed by excavation.

   (b)   "Earth-disturbing activity" means any grading, excavating, filling, drilling or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.

   (c)   "Earth material" means soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil.

   (d)   "Earth moving" means any excavating, cutting or filling, or any stockpiling thereof.

   (e)   "Erosion" means the process by which the land surface is worn away by the action of water, wind, ice or gravity.

   (f)   "Fill" means depositing of soil, rock or other materials by other than natural means.

   (g)   "Finish grade" means the final grade or elevation of the ground surface after grading is completed.

   (h)   "Grade" means the rise or descent of a sloping surface.

   (i)   "Grading" means earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling or any combination thereof.

   (j)   "Hillside control measures" means all of the planning work and control that are required and specified by this chapter.

   (k)   "Impervious surface" means a water-shedding surface, which may include roads, buildings, tennis courts, roofs, driveways, patios, pool decks, parking lots and other similar water-shedding surfaces.

   (l)   "Landslide" means the rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.

   (m)   "Natural gradient" means the rate of ascent or descent of natural ground surfaces or natural terrains.

   (n)   "Natural ground surface" and "natural terrain" mean the ground surface in its original state before any grading, excavation or filling.

   (o)   "Natural vegetation" means plant materials and trees which are indigenous to the area and exist on a site prior to any vegetation destruction, construction, earth-moving or earth disturbing activity.

   (p)   "Owner/developer/builder/occupant" means an individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.

   (q)   "Protected Hillside Zone" means those areas within the Village meeting the criteria set forth in Section 1175.04.

   (r)   "Run-off" means the part of precipitation which flows over land without filtering into the soil.

   (s)   "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface.

   (t)   "Slip" means landslide, as defined herein.

   (u)   "Slope" means an inclined ground surface. The inclination is expressed as a ratio of the horizontal distance to the vertical distance.

   (v)   "Sloughing" means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.

   (w)   "Soil" means unconsolidated erodible earth material consisting of minerals and/or organics.

   (x)   "Unstable soil" means a portion of land surface or area which is prone to slipping, sloughing or landslides.

      (Ord. 2508. Passed 9-8-92.)

   (a)   Areas that exhibit evidence of past or present unstable soil.

   (b)   Areas having slopes with a natural gradient within the limits set forth in Exhibit "A," following the text of this chapter, which is hereby adopted and incorporated herein by reference.

      (Ord. 2508. Passed 9-8-92.)