Heath City Zoning Code
CHAPTER 1136
Landscape Requirements
1136.01 FINDINGS.
Council finds that changes in land use and zoning classification resulting from the sprawl of urbanization has often necessitated the removal of trees and other valuable natural resources and often has the effect of degrading the appearance, character and value of existing land use patterns within and surrounding the City.
(Ord. 40-98. Passed 8-17-98.)
1136.02 PURPOSES.
The purposes of this chapter are to protect and promote the public health, safety and general welfare by fully utilizing the benefits of landscaping in new development to ensure that the local stock of native trees is replenished; to contribute to the process of air purification, oxygen regeneration, ground water recharge and storm water run-off retardation, while at the same time aiding in noise, glare and heat abatement; to buffer uncomplimentary and often incompatible land uses by providing a transitional interface; to assist in controlling traffic to and from, as well as within, off-street parking facilities by limiting the internal movement of vehicles and pedestrians to designated traffic configurations; to relieve the blighted appearance of parking lots; and to otherwise facilitate the creation of a pleasant environment.
(Ord. 40-98. Passed 8-17-98.)
1136.03 INTENT; APPLICATION OF CHAPTER.
(a) The intent of this chapter is to:
(1) Encourage landscape development in publicly and privately developed land use areas, except agricultural zones, not including commercial applications in agricultural zones such as airports, landfills, junk yards or other uses as determined by the Planning Commission;
(2) Foster a community-wide reforestation program;
(3) Require the installation and maintenance of landscape planting areas in off- street parking facilities and other vehicle use areas;
(4) Require the installation and maintenance of landscape planting areas in uncomplimentary land uses and zones herein set forth;
(5) Encourage the planting of the highest quality landscape materials for multi- family residential, commercial and industrial properties, public streets, public places and parks, located within the City's corporation limits.
(6) Require the installation and maintenance of landscape planting areas adjacent to building structures.
(b) All new development, construction or reconstruction shall be in compliance with the provisions of this chapter within one calendar year from the date of completion of construction. Where a building permit has been issued prior to the effective date of this chapter, the provisions of this chapter shall not apply. Where a development, construction, or reconstruction project involves only a portion of the total property (i.e.: building addition) that portion will be required to comply with the provisions of this chapter. If said development, construction or reconstruction exceeds sixty percent (60%) of the assessed valuation of such structure prior to the project as shown on the most recent tax appraisal of the County Auditor then it shall be required to comply with this chapter for the entire property.
(c) Where there is a change of use in an existing building with a parking area between the street and building setback line, the property shall be required to comply with the provisions of this chapter and submit plans for review before the Planning Commission.
(Ord. 40-98. Passed 8-17-98.)
1136.04 DEFINITIONS.
As used in this chapter:
(a) "Architectural planter" means a container within which plantings may be placed to meet the requirements of this chapter.
(b) "Caliper" means the diameter of a tree, measure thirty-six inches above the existing ground.
(c) "Change of use" means a change in the primary function or use of a structure.
(d) "Crown spread" means the distance measured across the greatest diameter of the branch mass of a plant.
(e) "Decorative walls" means barriers constructed of masonry or other appropriate material.
(f) "Developed area" means that portion of a plant or parcel of land upon which a building, structure, pavement, landscape material or other improvement, excluding public rights of way, has been placed.
(g) "Drip line" means the outer perimeter of the crown spread of a plant. In the case of a narrow crown species tree, the drip line from the base of the trunk shall be forty percent (40%) of the total tree height.
(h) "Encroachment" means any protrusion of a vehicle outside of a parking space, display area, storage area, access way or access aisle into a landscaped area.
(i) "Ground cover" means natural low growing evergreen perennial plants other than lawn grass installed in such a manner so as to form a continuous cover over the ground.
(j) "Landscape" means the placement of landscape material in the planting area in accordance the requirements of this chapter.
(k) "Landscape material" means landscaping consisting of material such as, but not limited to, living trees; shrubs; vines; lawn grass; ground cover; landscape water feature; and non-living durable material commonly used in landscaping, including, but not limited to, rocks, pebbles, sand, decorative walls and fences, brick pavers, sculpture, and earthen mounds, but excluding pavements for vehicular use.
(l) "Large tree class species" means trees that reach forty-five feet or more in height at maturity.
(m) "Medium tree class species" means trees that reach twenty-five feet to forty-five feet in height at maturity.
(n) "Multiple use" means a property or structure with more than one primary function, use, and/or tenant.
(o) "Other plants" see Plant material.
(p) "Owner" means the owner of the premises, including the holder of title thereto subject to contract of purchase, a vendor in possession, a lessee or joint lessees of the whole thereof, or an agent of any other person, firm, corporation or fiduciary directly in control of the premises.
(q) "Park" means all public parks having individual names.
(r) "Park Reserve" means a parcel of land dedicated to natural, visual, or recreational purposes.
(s) "Person" includes firms, associations and corporation and persons connected with such firms, associations and corporation.
(t) "Plant material" means living trees; shrubs; vines; lawn grass; ground cover; perennials; annuals; ornamental grasses; and herbs. All plant materials shall conform to the latest edition of the American Association of Nurserymen. Inc. "American Standard for Nursery Stock." Plants shall have passed any inspections required under state regulations.
(u) "Plant standard" means, unless otherwise provided, a plant planted to the following minimum dimensions.
(1) Deciduous trees shall be planted at least two-inches (2") caliper minimum for large and medium tree class species and two-inches (2") caliper minimum for small class species. At least two inches (2") minimum caliper is required for street tree plantings, and at least one and one-half inch (1½") minimum caliper is required for residential plantings. Trees shall have a clear trunk of at least five (5) feet above ground.
(2) Evergreen trees (Pine, spruce, hemlock and fir species and varieties) shall be planted at least six (6) feet in height.
(3) Evergreen shrubs for screening purposes (yew, juniper, holly, boxwood and arborvitae species and varieties) shall be planted at least three (3) feet in height.
(v) "Planting area" means any landscape area of 64 square feet or larger designed for landscape material installation.
(w) "Public street" means all the land laying within the dedicated width of all public streets, boulevards and alleys.
(x) "Retention Area" means any wet or dry retention or detention basin used for holding water.
(y) "Public places" means all other ground owned by the city, county or state.
(z) "Shrub" means a deciduous or evergreen woody perennial plant differing from a non-woody perennial plant by its persistent woody stems and branches and differing from a tree by its low stature and habit of branching from the base.
(aa) "Single use" means a property or structure with only one primary function or use.
(bb) "Small tree" means all trees that reach a maximum height of twenty-five feet at maturity.
(cc) "Tree" means any self-supporting, deciduous or evergreen, wood plant of a species which normally grows to an overall height of at least fifteen feet and normally develops an average mature crown spread or diameter greater than fifteen feet. Deciduous trees sizes are expressed in inches of caliper, while evergreen trees sizes are expressed in feet of height.
(dd) "Tree standard" see Plant standard.
(ee) "Utility" means any public utility either above or below ground including sewers, drains, manholes and inlets.
(ff) "Vehicular use area" means any paved ground surface area, except public right-of- way, used by any type of vehicle, whether moving or at rest, for the following purposes, among other possible purposes: driving, parking, loading, unloading, storage or display. Such areas include, but are not limited to, new and used car lots, activities of a drive-in nature in connection with banks, restaurants, filling stations and grocery and dairy stores and other open lot uses except areas used for parking or other vehicular uses under, on or within buildings.
(gg) "Visual screen" means an opaque barrier of living or non-living landscape material put in place for the purpose of separating and obscuring from view those areas so screened to a defined opaqueness.
(hh) "Reconstruction" means rehabilitation or replacement of a structure on property which either has been damaged, altered or removed to an extent exceeding sixty percent (60%) of the assessed valuation of such structure as shown on the most recent tax roll of the County.
(Ord. 40-98. Passed 8-17-98.)
1136.05 MINIMUM LANDSCAPE REQUIREMENTS.
(a) This chapter defines the minimum requirements that shall be met in regard to perimeter landscaping for noncompatible land use areas, landscaping for service areas and interior landscaping for business, buildings, structures or other new developments of the land.
(b) Vehicular use areas shall not be constructed, enlarged or reconstructed in the City until a landscape plan has been approved by the Planning Commission. The Planning Commission shall not give approval to any landscape plan submitted to them pursuant to this section unless it conforms to the requirements of this chapter. Landscape plans submitted pursuant to this chapter shall be submitted as part of the site plan submittals required for a building permit pursuant to the Zoning Code. Landscape plans submitted pursuant to this chapter shall be drawn to scale, including dimensions and distances, and clearly delineate any existing and proposed parking spaces or other vehicular use areas, access aisles, driveways and their location. The plan shall clearly identify size and description of all landscaping materials including locations of existing trees.
(c) Change of Use for Single Use Structures. All existing non-complying parking areas and/or drive aisles will be required to comply with the provisions of this chapter, as outlined in Section 1136.06. All existing non-complying structures will be required to comply with provisions of this chapter, as outlined in Section 1136.09. All existing non-complying service structures will be required to comply with the provisions of this chapter, as outlined in Section 1136.08. The landscape material shall be installed at the time of the change of use. Where possible, appropriate landscape setbacks shall be permanently established.
(d) Change of Use of Multiple Use Structures. All existing non-complying parking areas and/or drive aisles, existing non-complying structures, and existing non-complying service structures will be required to comply with the provisions of this chapter. The percent of landscape material to be installed will be determined by the portion (percent of total structure square footage) that use or tenant occupies (i.e.: if said tenant occupies 20% of total structure, 20% of required landscape material will be installed). The landscape material shall be installed at the time of the change of use. Where possible, appropriate landscape setbacks shall be permanently established.
(Ord. 40-98. Passed 8-17-98.)
1136.06 STANDARDS FOR OFF-STREET PARKING FACILITIES AND VEHICULAR USE AREAS.
Public and private off-street parking facilities and other vehicular use areas shall be landscaped in accordance with the following requirements.
(a) Frontage Along Public Streets.
(1) For parking lots up to 7,000 square feet and/or including less than twenty- five cars. The setback for off-street car parking facilities is determined by three development options as shown on Exhibit 'A-1' (Frontage Landscaping Requirements for Off-Street Surface Parking Lots). Option 'A' requires a 10'-0" minimum parking and/or drive aisle set-back with a continuous 3'-0" height evergreen hedge. Option 'B' requires a 20'-0" minimum parking and/or drive aisle set-back with a continuous 3' 0" height minimum earthen mound. In addition to these requirements of the zoning Code, one 2" minimum caliper large or medium class tree is to be planted for each 35 feet of frontage.
(2) For parking lots exceeding 7,000 square feet or twenty-five cars. The set- back for off-street car parking facilities is determined by three development options as shown on Exhibit 'A-2' (Frontage Landscaping Requirements for Off-Skeet Surface Parking Lots). Option 'A' requires a 15'-0" minimum parking lot and/or drive aisle set-back with a continuous 3'-0" height evergreen hedge. Option 'B' requires a 25'-0" minimum parking and/or drive aisle set-back with a continuous 3'-0" height minimum earthen mound. In addition to these requirements of the Zoning Code, one 3" minimum caliper large or medium class tree is to be planted for each 35 feet of frontage.
(3) For truck vehicular use areas and parking. The set-back for off-street truck parking facilities is as shown on Exhibit 'A-3' (Frontage Landscaping Requirements for Off-Street Surface Parking Lots). Truck parking, loading areas and drive aisles require a 45'-0" minimum parking and/or drive aisle set-back with a continuous 6'-0" height minimum earthen mound. In conjunction with this requirement three (3) staggered rows of 8'-0" height minimum evergreen trees at 20'-0" maximum spacing and two (2) 10'-0" height small class trees per each 100 lineal feet of frontage are to be planted.
(b) Rear and Side Yards Adjacent Compatible Use Districts. The set-back shall be 10'-0" minimum for car parking and/or drive aisles and 20'-0" minimum for truck parking and/or drive aisles, as shown in Exhibit 'B- l'. In addition to these requirements of the Zoning Code, one 2" minimum caliper large or medium class tree is to be planted for each 35 lineal feet of property line for all vehicular use areas. If evergreen trees are preferred in lieu of large or medium class trees, the evergreen trees are to be 6'-0" minimum height and one tree is to be planted for each 20 lineal feet of property line. Truck vehicular use areas are to have a 6'-0" height minimum evergreen tree planted for every 20 lineal feet of property line.
(c) Rear and Side Yards Adjacent Incompatible Use Districts. The set-back for off- street car and truck parking facilities is determined by two development options for cars and a specific requirement for trucks as shown in Exhibit 'B-2' (Side and Rear Yard Landscaping Requirement for Off-Street Parking Lots). Option 'A' for cars requires a 20'-0" minimum parking and/or drive aisle set-back with a continuous 6'-0" height wall. The wall shall be constructed of brick decorative cut block stone and shall be maintenance free as approved by the City. In addition to this requirement 8'-0" height evergreen trees at 20'-0" maximum spacing and two (2) 2" caliper minimum small class trees per each 100 lineal feet of property line are to be planted. Option 'B' for cars requires a 30'-0" minimum parking and/or drive aisle set-back with a continuous 4'-0" height minimum earthen mound. In addition to the mounding requirements a double staggered row of 8'-0" height minimum evergreen trees at 20'-0" maximum spacing and two (2) 2" caliper minimum small class trees per each 100 lineal feet of property line are to be planted. Truck vehicular areas require a 45'-0" minimum parking and/or drive aisle set-back with a continuous 6'-0" height minimum earthen mound. In addition to the mounding requirement three (3) staggered rows of 8'-0" height minimum evergreen trees at 20'-0" maximum spacing and two (2) 2" caliper minimum small class trees per each 100 lineal feet of property line are to be planted.
(d) Interior Vehicular Use Areas. Within interior vehicular use areas peninsulas, island, aisle end islands, and planting areas are to be constructed for landscape plantings as shown on Exhibit 'C' (Interior Landscaping Requirements for Off- Street Surface Parking Lots). Each peninsula, island, aisle end island, or planting area is to contain at least one (1) 2" minimum caliper small or medium class tree. Islands, peninsulas, aisle end islands, and planting areas are to be located at intervals not to exceed fifteen (15) parking spaces. All parking aisles are to be terminated with an end island or planting bed. Peninsulas, islands, and aisle end islands are to be minimum sizes of eight feet (8') in width and thirty-six feet (36') in length, or eight feet (8') in width and eighteen feet (18') in length, as shown on Exhibit 'C'.
(1) In order that there shall be safe access to parking spaces, eight feet (8') landscaped strips shall be arranged so as to divide parking corridors and to limit "cross tracing" through open parking spaces.
(2) To minimize traffic hazards, when an access way intersects a public right- of-way or when the property abuts the intersection of two or more rights- of-way, all landscaping shall provide unobstructed cross visibility at a level between three feet and six feet.
(3) Grass or other ground cover shall be planted on all portions of the interior planting area not occupied by other landscape material.
(4) The minimum distance from a tree to a vehicular use area shall be four feet measured from the face of the tree. Vehicles may overhang a landscaped area not more than two and one-half feet when parked head-in to a landscaped area in a marked parking space. The overhang distance may be counted as part of the required depth of each parking space.
(5) Airport facilities adjacent to commercial or residential areas must install landscaping as described in Exhibit 'B-2' (Option 2-Incompatible Land Use).
(Ord. 40-98. Passed 8-17-98.)
1136.07 LANDSCAPE BUFFER RELATING TO UNCOMPLIMENTARY LAND
Except as provided in Section 1175.09 of the City of Heath Zoning Ordinances, where it is determined that as a result of new developments, construction or reconstruction uncomplimentary or incompatible land uses or zones are created, a continuous eighty percent (80%) opaque landscape hedge, wall or earthen mound visual screen, in addition to screening of vehicular use area provisions, shall be provided.
(Ord. 15-2020. Passed 5-18-20.)
1136.08 SCREENING OF SERVICE STRUCTURES.
Service structures, including, but not limited to, propane tanks, trash dumpsters, electrical transformers, air conditioners/cooling towers, heat pumps, utility vaults which extend above grade, and other equipment or elements providing service to a building or site, are to be screened in all zoning districts. A contiguous one hundred percent (100%) opaque landscape hedge, solid fence, wall, or earthen mound is required to enclose any service structure on all exposed sides. If such structure is frequently moved (i.e.: trash dumpster) all but one side is required to be screened. Screening shall be one foot (l'-0") higher than service structure but shall not be required to exceed 8'-0" in height (6'-0" height for walls and fences). Provide 24" height minimum plantings at 5'-0" maximum spacing around the enclosed portion of the perimeter screen. Curbing and/or bollards are to be installed around any trash disposal or waste collection unit a minimum of 2'-0" within the screening material to prevent damage to the screening when the container is moved or emptied.
(Ord. 40-98. Passed 8-17-98.)
1136.09 OTHER PLANTING REQUIREMENTS.
(a) Planting Requirements for All New Developments. These requirements are in addition to the requirements for vehicular use areas.
(1) Multi-family and PUD Districts. There shall be a minimum of one (1) tree planted per dwelling unit. Trees may be either medium or large class species. Large or medium species trees shall be 2" minimum caliper. Trees are to be arranged within the front, sides or rear yard areas with emphasis on the front facades. In addition a minimum of one-third (l/3) of the facade (or facades in the case of corner lots) fronting the street or vehicular use area is to be landscaped adjacent to the foundation with shrubs, ground cover or other ornamental plantings. The average initial height of these plantings is to be 18" minimum.
(2) Retail commercial, and shopping center use. There shall be a tree planted in a landscaped area for every 50 lineal feet of building perimeter or fraction thereof. Such landscaped areas shall be adjacent to the building, 64 square feet minimum in size, and shall contain a small, medium, or large class specie tree in a planting bed, architectural planter, tree grate or on an earthen mound. Large or medium species trees shall be 3" minimum caliper. Small species trees shall be 2" minimum caliper. If the grates or architectural planters are used in the minimum landscape area may be reduced to 36 square feet. Benches, or other appropriate landscape materials designed and located in a manner complimentary to the overall architectural of the surrounding buildings are encouraged. The intent of the regulation is to encourage an equally spaced landscape envelope around the perimeter of the building. Combining of tree planting areas to achieve overall compliance is acceptable. However, in no event is a tree planting area to exceed 100'-0". Free standing signs and flagpoles are to be set in landscaped areas.
(3) Professional services, medical, educational, service, and miscellaneous use districts. There shall be a tree planted for over 40 linear feet of building perimeter or fraction thereof. Trees may be either small, medium, or large class species. Large or medium species trees shall be 3" minimum caliper. Small species trees shall be 2" minimum caliper. 8'-0" minimum height evergreen trees may be substituted for up to thirty percent (30%) of deciduous tree requirement. Trees are to be arranged around all sides of the building within 64 square feet minimum of lawn or landscaped areas. In addition a minimum of 40 square feet of landscaped area shall be required for each 50 lineal feet of building perimeter or fraction thereof. These landscaped areas are to be constructed adjacent to the building and are to contain shrubs, ground cover, or other ornamental plantings. The average initial length height of these plantings is to be 18" minimum. The intent of the regulation is to encourage over-all uniform landscaping treatment around the perimeter of the building. Combining of these planting areas to achieve compliance is acceptable providing that consideration is given to all facades. Free standing signs and flagpoles are to be set in landscaped areas.
(4) Light and Heavy Industry Districts. There shall be a tree planted for every 60 lineal feet of building perimeter or fraction thereof. Trees may be either small, medium, or large class species. Large or medium species trees shall be 3" minimum caliper. Small species trees shall be 2" caliper. 8'-0" minimum height evergreen trees may be substituted for up to 30% of deciduous tree requirement. Trees are to be arranged around all sides of the building within 64 square feet minimum of lawn or landscaped areas. In addition a minimum of 20 square feet of landscaped area shall be required for each 50 lineal feet of building perimeter or fraction thereof. These landscaped areas are to be constructed adjacent to the building and are to contain shrubs, ground cover, or other ornamental plantings. The average initial height of these plantings is to be 24" minimum. The intent of this regulation is to encourage over-all landscaping treatment around the perimeter of the building. Combining of these plantings areas to achieve compliance is acceptable providing that consideration is given to at least three (3) visually prominent facades. Free standing signs and flagpoles are to be set in landscaped areas.
(b) Major Arterial Roadway Tree Requirements. All subdividers or developers shall be required to deposit one hundred seventy-five dollars ($175.00) per lineal foot (70) of frontage or fraction thereof for the planting of along major arterial roadway trees. Any undeveloped major arterial roadway or exiting major arterial roadway with undeveloped frontage shall conform to these requirements at the time of the development. The Service Director or his designee will cause to be purchased and planted from said deposit, all required street trees and assume full responsibility for care, replacement, and maintenance, as defined by the following conditions:
(1) Trees noted under Section 1136.15 Prohibited Plantings are not to be used on City owned public property. City owned public property shall include all public right-of-ways, streets, alleys, parks, or other property owned by the Municipality.
(2) The maximum spacing between trees shall be one hundred feet (100') for large class trees, eighty feet (80') for medium class trees, and sixty feet (60') for small class trees.
(3) The minimum distance between the tree and the back of street curb shall be two and one-half feet. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two feet.
(4) The tree location shall be at least thirty-five (35') feet from street intersections and ten feet from fire hydrants or utility poles.
(5) A small class tree shall be used when planting under or within ten lateral feet of overhead utility wires. A small class or medium class tree shall be used when planting within ten to twenty lateral feet of overhead utility wires.
(6) Trees should be of the same genus and species matched in form and size and planted continuously down each street. Consideration should be given to introducing other tree genus and species for each proposed street or cul- de-sac.
(7) The minimum trunk caliper measured at six inches above the rootball for all street trees shall be no less than two (2) inches.
(c) Retention Area Requirements. It shall be required that all subdividers or developers plant trees adjacent to retention areas of their developments in such a manner, type, quantity, and location as recommended by the Service Director, his designee and recommended by the Planning Commission and as defined by the following conditions:
(1) There shall be a tree planted in a landscape area for every 50 lineal feet of retention area perimeter or fraction thereof;
(2) Trees shall be planted adjacent to the retention area, but no closer than 20 feet from the bank;
(3) Trees may be either medium or large class species trees. Trees shall be 2" minimum caliper. Six feet (6') minimum height evergreen trees may be substituted for up to fifty percent (50%) of deciduous tree requirement.
(Ord. 40-98. Passed 8-17-98.)
1136.10 PRESERVATION OF TREES AND WOODED AREAS.
(a) It is encouraged that efforts be made to preserve natural vegetation areas. Consideration shall be given to laying out streets, lots, structures and parking areas to avoid the unnecessary destruction of heavily wooded areas or outstanding tree specimens. It is further encouraged that whenever possible, heavily wooded areas be designed as park reserves.
(b) Credit for Preserving Existing Woods. In perimeter and interior use areas where Service Director has determined that the strict application of this section would require the removal of trees to plant the required landscaping, such required landscaping may be omitted. Preserved woods deemed eligible for credit shall be healthy and of such quality as is acceptable to the Service Director or his designee. In order to maintain the trees within the woods, one hundred percent (100%) of the ground area under and within the drip line of the trees shall be protected from construction damage with fencing and signage, undisturbed (except for removal of trash) and preserved in its natural state.
(Ord. 40-98. Passed 8-17-98.)
1136.11 GRASS AND GROUND COVER.
(a) Sod and/or seed shall be placed upon the ground in all barren areas to cover the front yard, side yards and rear yard for all new developments. The sod or seed shall be a species normally grown as permanent lawn in central Ohio. Sod shall be laid solid. Seed shall be spread evenly and covered with a protective covering of wood cellulose hydro-mulch, or straw. Sod or seeded areas shall be properly maintained to establish a dense turf. All dead sod or seeded areas shall be replaced, at the earliest planting season, and properly watered and maintained to establish a dense turf. For steep banks or areas where ground cover is preferred, ground cover may be used in lieu of grass. Ground covers shall be planted at a consistent spacing to achieve a furnished well developed appearance within two growing seasons. (Ord. 56-2005. Passed 10-3-05.)
(b) Mulch, whether wood based or made from other combustible material, shall not be installed or placed as ground cover around any commercial building. See Chapter 1531.
(Ord. 68-2007. Passed 10-1-07.)
1136.12 PLANT MATERIAL SPECIFICATIONS.
(a) Plants Including Large and Medium Species Trees, Small Species Trees, Evergreens. Trees, evergreen, and evergreen shrubs shall meet the minimum "plant standard" immediately after planting. Tree planting areas for interior landscaping of off-street parking lots shall be as shown on Exhibit 'C'. All other planting areas shall be the minimum standard as indicated within this chapter. Areas indicated as landscape areas are to be maintained with plant material or porous landscape material surface cover. Tree species shall be of varieties normally grown in Ohio and suitable for USDA zones 4 and/or 5.
(Ord. 40-98. Passed 8-17-98.)
1136.13 MAINTENANCE STANDARDS.
All required plant material, grass, as well as non-living structural elements, shall be replaced when necessary and maintained in a good and healthy condition based upon the judgment of the Mayor or Service Director.
(a) Replacement. Dead plant material shall be replaced in accordance with the specifications detailed herein and within a time period appropriate to the growing season of the species in question, not exceeding the calendar year.
(b) Protection. All required landscape areas shall be protected from unpermitted vehicular encroachment by the use of wheel stops, curbing or other suitable methods.
(c) Use. No required landscape area shall be used for parking, except for encroachments as provided herein, accessory structures, garbage or trash collection or any other functional use contrary to the intent and purpose of this chapter.
(Ord. 40-98. Passed 8-17-98.)
1136.14 TREES IN PUBLIC STREETS.
(a) All trees planted within the public street, rights-of-ways, or adjacent thereto, whether or not they are on the recommended and approved tree list of the Service Director, shall be subject to pruning and removal when it is determined by the Service Director that trees constitute a health or safety hazard or when they have become unsightly, diseased or dead.
(1) Tree topping. No person shall, as a normal practice, top any tree within the public right-of-way. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
(2) Height of limbs over sidewalks and streets. Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than seven feet above the sidewalks. Tree limbs extending over the streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.
(3) Abuse or mutilation of public trees.
A. Unless specifically authorized by the Service Director, no person shall intentionally damage, cut, carve, transplant, or remove any tree or shrub, attach any rope, wire, nails, advertising posters, or other contrivance to any tree or shrub; allow any gaseous liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them, or set fire or permit fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub.
B. No person shall excavate any ditches, tunnels, trenches, or lay any driveway or sidewalk within the radius of ten (10) feet from the trunk of any public tree or shrub without first obtaining written approval from the Public Service Director.
(4) Placing of materials on public property. No person shall deposit, place, store, or maintain upon a public place of the City, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree growing therein, except by written consent of the Public Service Director.
(b) All species and varieties of evergreen trees and upright evergreen shrubs (which exceed 3'-0" at mature height) shall not be permitted for planting in public rights-of-way.
(Ord. 40-98. Passed 8-17-98.)
1136.15 PROHIBITED PLANTINGS.
(a) No person shall cause to be planted any large-class species tree within 30' of any public utility line above or below the ground including sewers, drains, manholes and inlets.
(b) No person shall cause to be planted any tree listed herein below on any public property or rights-of-way in the City, except as approved by the Service Director.
Silver Maple (Acer Saccharinum)
Box Elder (Acer Negundo)
Horse Chestnut (Aesulus Hoppocastanum)
Tree of Haven (Ailanthus Altissina)
Birches, all species and varieties except Betula Nigra (River Birch Tree Form) (Betula)
All species and varieties (Catalpa)
All species, except as approved by Service Director (Malus)
Mulberry, all species and varieties (Morus)
American Sycamore (Plantanus Occidentialis)
London Plane (Plantanus X Acerifolia)
Poplar, all species and varieties; includes aspen and cottonwood (Populus)
Black Locust (Robinia Pseudoacacia)
All species and varieties; includes willows and osiers (Salix)
European Mountain Ash, Rowan (Sorbus Aucuparia)
Siberian Elm (Ulmus Pumila)
(Ord. 40-98. Passed 8-17-98.)
1136.16 NOTICE TO REMOVE TREE; NONCOMPLIANCE; COSTS.
(a) Notice of Removal. The Service Director shall examine all trees that appear to be within 30' of any public utility line as described in Section 1136.14(a), and, if a tree is found to be dangerous or causing damage, he shall give to the tree owner or the person having charge and control of the tree, including an administrator or executor, written notice of his findings and request the removal of the tree by the owner or the person having charge or control of the tree within forty-five days. Proper service of such notice shall be personal service, residence service or by registered mail; provided, however, that such notice shall be deemed to be properly served upon such owner and person having charge or control of the tree, including an administrator or executor, if a copy thereof is sent by certified mail to his last known address.
(b) Procedure for Noncompliance with Removal Notice. Upon failure of the person or persons to comply with the notice to remove any tree in accordance with subsection (a) hereof, the Service Director shall cause the tree to be removed by use of City forces and equipment or by hiring a private individual and equipment. Upon completion of such work as is required to remove the tree, the Director shall cause the expenses and labor costs incurred to be determined and a statement therefor to be mailed to the affected person.
(c) Written Return to County Auditor; Lien Upon Property. If statements have not been paid within sixty days after mailing, the Director of Finance, shall make a written return to the County Auditor of the action under subsection (a) hereof, and this subsection (c), with a statement of the charges and a proper description of the premises. Such amount, when allowed, shall be entered upon the tax duplicate and a lien upon such lands from and after the date of entry and shall be collected as other taxes and returned to the Municipality with the General Fund.
(Ord. 40-98. Passed 8-17-98.)
1136.17 REMOVALS OF PUBLIC PROPERTY BY CITY.
The City shall remove, or cause to be removed, all trees, shrubs or other plants, or parts thereof, upon the public streets, parks or public places within the City when such removal is beneficial to the public health, safety, traffic safety or for public improvements, or where such trees, shrubs or other plants constitute a public nuisance, or are dead or deceased or detrimental to the growth of adjacent trees, shrubs and other plants now planted or to be planted in any public street, park or public place within the City.
(Ord. 40-98. Passed 8-17-98.)
1136.18 SERVICE DIRECTOR'S CONTROL, AUTHORITY AND ENFORCEMENT.
The Service Department, under the direction of the Mayor or Service Director, shall have charge:
(a) The Mayor and/or Service Director shall have the authority to establish, create, and publish a list of recommended and approved trees to be planted in planting areas, public streets, public places and park properties within the City.
(b) The Service Director shall be responsible for enforcement of this chapter. Whenever the Director determines that a violation of this chapter exists, he or she will take action as follows:
(1) He or she shall give written notice of the violation to the occupant and the owner shown on the most recent tax roll. A copy of such written notice endorsed by him or her shall be transmitted to the Law Director. The notice shall include, but not be limited to:
A. A description of the location of the property involved, either by street address or by legal description;
B. A statement indicating the nature of the violation;
C. A statement showing the time within which all necessary remedial action shall be accomplished, which time may not be less than 14 days from the date of such written notice;
D. The name of the person upon whom the notice of violation is served;
E. A statement advising that upon the failure to comply with the requirements of the notice, the City shall take such enforcement procedures as may be required under this chapter. Upon failure of the persons or persons to comply with the notice, the Service Director shall cause action to be taken by use of City forces and equipment or by hiring private individuals and equipment. Upon completion of such work under the provisions of Section 913.02, the Service Director shall report to Council the costs thereof, including the cost of investigation, and cost of service and notification. This will be mailed to the affected person. If statements have not been paid within sixty (60) days after mailing, under the provisions of Section 913.05 and approval thereof by Council, the Clerk of Council shall make return in writing to the County Auditor of the action, with a statement of the charges and a proper description of the premises. Such amount, when allowed, shall be entered upon the tax duplicate and a lien upon such lands from and after the date of entry and shall be collected as other taxes and returned to Municipality with the General Fund in accordance with Ohio R.C. 731.54.
(2) Service of written notice required by this chapter shall be deemed completed upon posting of the notice of certified mail, return receipt requested, to the last known address of such person.
(Ord. 40-98. Passed 8-17-98.)
1136.19 APPEALS.
Any applicant aggrieved by a decision of the Mayor or Service Director made pursuant to this chapter may appeal to the Board of Zoning Appeals within sixty days of written notice.
(Ord. 40-98. Passed 8-17-98.)
1136.99 PENALTY.
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 40-98. Passed 8-17-98.)