(1)    “Berm” or “mound” means an artificial rise or elevation above the natural grade of the surrounding ground created with earth, rock or other material.

      (2)   “Bio-retention” means an up-land water quality and water quantity control practice that uses the chemical, biological and physical properties of plants, microbes and soils for removal of pollutants from storm water runoff.

      (3)    “Buffering” means the use of landscaping or retained native vegetation or the use of landscaping along with berms, walls of decorative fences that at least partially and periodically obstruct the view from the street or an abutting property in such a manner that vehicular use areas, parking lots, parked cars, detention ponds and conflicting activity areas will be partially or completely screened.

      (4)   “Building footprint” means the outline of the total area covered by a building’s perimeter at the ground level.

      (5)   “Caliper” means the diameter of a tree, measured at a point six (6) inches above the ground line if the resulting measurement is no more than four (4) inches. If the resulting measurement is more than 4 inches, the measurement shall be made at a point twelve (12) inches above the ground line.

      (6)   “Clear” means the removal or destruction of any trees protected by the provisions of this chapter.

      (7)   “Damage” or “abuse” means any action or inaction which does not follow good arboricultural practices as established by the National Arborist Association. Abuse also includes damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay.

      (8)   “Deciduous” means plant material which normally sheds its foliage at the end of the growing season.

      (9)   “Desirable tree” means any tree not included in the definition of undesirable tree.

      (10)   "Developed" means real property that has been altered from its natural state and a structure(s) constructed, and it includes any parcel where a structure has been demolished unless the parcel has been re-forested.

      (11)   “Diameter breast height” or “d.b.h.” means the diameter, in inches, of a tree trunk measuring vertically to a point four and one-half (4½) feet above the finished grade level.

      (12)   “Dripline” means an imaginary perpendicular line that extends downward from the outermost branches of a tree to the ground.

      (13)   “Drought tolerant plant” means a plant, once established, that survives on natural rainfall with occasional irrigation during dry periods.

      (14)   “Emitter” means a device that applies irrigation water.

      (15)   “Evergreen” or “conifer” means a plant that maintains its foliage throughout the year.

      (16)   "Forested" means a parcel where the overgrowth of mature native trees occupy an area in excess of seventy-five (75%) percent of the total parcel area.

      (17)   “Ground cover” means any ornamental plant or grass which grows along the ground.

      (18)   “Hedge” means a close planting of shrubs which forms a compact, dense, living barrier which protects, shields, separates or demarcates an area from view and which is eighty (80%) percent opaque within twelve (12) months after planting.

      (19)   “Impervious area” means that portion of a lot or parcel of land which is covered by any material with a runoff coefficient greater than that assigned to the land in its natural state.

      (20)   “Irrigation” means a permanent underground watering system equipped with surface, subsurface or overhead emitters and which provides one hundred (100%) percent water coverage.

      (21)   “Landscaping” means the design, arrangement, planting or removal of natural scenery including, but not necessarily limited to, trees, shrubs, vines, rocks and water, together with man-made materials or objects including, but not necessarily limited to, a bicycle rack, fence, fountain, artwork, sculpture, furniture, or machine, over a given parcel for the purpose of creating the best practical appearance to the land.

      (22)   “Landscaped area” means the minimum area over a parcel that is required to be landscaped pursuant to this chapter.

      (23)   “Landscape architect” means a person duly registered pursuant to §4703.30, et seq. of the Ohio Revised Code, and as amended. A registered architect is included in this definition to the extent permitted by §4703.32 of the Ohio Revised Code, and as amended.

      (24)   “Mulch” means any material such as leaves, bark, straw, or other material left loose and applied to the soil surface to retain soil moisture, control erosion, inhibit weeds, and/or regulate soil temperatures.

      (25)   “Native plant material” means any plant material indigenous to northeast Ohio and which is naturally grown or commercially propagated or cultivated for the nursery or landscaping industry.

      (26)   “Ornamental tree” or “understory tree” means any self-supporting single and multi-stem woody plant of a species which grows to a height of less than thirty (30) feet at maturity and shows ornamental qualities such as flowers, fruit, bark character, or shape.

      (27)   “Parking lot area” means the total area of a parcel devoted to surface parking and other vehicle areas and includes access aisles, driveways, and loading areas; but is exclusive of the area of any sidewalks, ring roads and the public right-of-way.

      (28)   “Pervious area” means a permeable surface area which allows passage of surface water and air to the root system of a tree.

      (29)   “Shade tree” or “canopy tree” means a hardwood tree that reaches a minimum height of thirty (30) feet at maturity.

      (30)   “Shrub” means a low-growing, multi-stemmed plant lacking a single trunk.

      (31)   “Sight triangle” means all of that portion of land lying within a triangular shaped area at each intersection of a public right-of-way or curb cut described as follows: Beginning at the precise corner of the intersection point of the curb of the street with the curb of a driveway or curb of another public right-of-way intersection forming each corner and extending a distance, in feet, which is equal to the highest posted speed limit of the intersecting roadway(s) along each such curb line from said curb intersection point, the third side being determined by the drawing of a straight line from the ends of each such leg (whether said land be privately owned or unpaved or untraveled street right-of-way property). To illustrate, at the intersection of two roadways where the posted speed limits are, respectively, twenty-five (25) m.p.h. and thirty-five (35) m.p.h., each leg of the sight triangle shall be thirty-five (35) feet.

      (32)   “Soil stabilization” means the use of artificial products which are spread over the surface of the ground to hold and restrain the soils and any seeds during a rain event and which keep the seeds from being eroded until they have had a chance to germinate and provide a natural stabilizing ground cover.

      (33)   “Trimming” means to selectively remove branches without irreversibly altering the natural shape or form of a tree and without irreversibly damaging or destroying the tree.

         (Ord. 17-O-95. Passed 10-3-17.)

         (34)    "Undesirable tree" means any of the following: Silver Maple [Acer saccharinum], Box Elder [Acernegundo], Ailanthus or Tree of Heaven [Ailanthus altissima], Siberian Elm [Ulmus pumila], Poplars [Populas species], Buckthorn [Rhamnus species], Russian and Autumn olive [Eleagnus angusifolia and umbellate], American sweetgum [Liquidambar styraciflue] and Amur Honeysuckle [Lonicera maackii].

         (Ord. 22-O-071. Passed 9-6-22.)

         A.   Replacement or reconstruction of existing structures, or portions thereof.

         B.   Replacement or reconstruction of existing parking lot area, or portions thereof, if (1) pavement is removed to the depth of the subsurface and (2) the area of pavement being removed is equal to or greater than (a) six thousand one hundred twenty (6,120) square feet or (b) twenty (20%) percent of the total parking lot area, whichever is less.

      (2)   An addition to any existing structure or parking lot area, except where the only construction activity is the re-imaging of a façade with no increase in the building footprint.

      (1)   Construction and maintenance of roads, drainage ditches and swales located in platted or dedicated public or private rights-of-way, and utility or drainage easements.

      (2)   Minimal clearing of sight lines less than five (5) feet wide for surveying purposes.

      (3)   Minimal clearing for the maintenance of property access and for recreational pursuits such as golf, fishing, nature trails, boardwalks and wildlife observation.

      (4)   All tree nurseries shall be exempt from the terms and provisions of this chapter in relation to those trees planted or growing on their premises which are so planted or growing for the sale or intended sale to the general public or in the ordinary course of the grower’s commercial business.

      (5)   Trees posing a threat to the safety of persons or property or that are dead, diseased, structurally weak or hazardous.

      (6)   Construction associated with an approved development plan pursuant to Section 1133.06 or an approved subdivision plan pursuant to Section 1113.03 or 1113.04.

      (7)   Removal of ten (10) or fewer trees within any consecutive twelve (12) month period for a residential lot containing a residence.

      (6)    A twenty-five ($25.00) dollar fee plus twenty-five dollars ($25.00) per acre or portion thereof from which trees are to be removed. Where work for which a permit is required by this chapter is started prior to obtaining the permit, the fees herein specified shall be tripled, but the payment of a tripled fee shall not relieve any person, firm or corporation from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed herein.

      (1)   Preservation of trees to the maximum extent possible, consistent with reasonable development of the parcel.

      (2)   The applicant’s proposals for protection and preservation of desirable tree species during and after the tree clearing process.

      (3)   The federal, state, and local permit and ordinance requirements to change existing ground elevations.

      (4)   Stabilization of disturbed soils to prevent erosion.

      (5)   Plans for tree replacement or reforestation, as required by subsection (e) hereof.

      (1)   Trees identified as desirable trees shall be replaced with an equal number and variety of desirable trees, which shall be at least six (6) feet tall at the time of planting.

      (2)   The applicant shall be responsible for the maintenance and health of any trees planted or relocated for one (1) year from the time of planting.

      (3)   If, prior to the commencement of the land clearing operation for which permit is sought, the applicant is able to demonstrate to the City that, because of unique circumstances or hardship, the replacement of tree species may be unreasonable or unwise, the City may waive the tree replacement requirements of this chapter and, in the alternative, impose those permit conditions on the applicant as in the opinion of the City are reasonable and consistent with the intent of this chapter and instead consider the following alternatives to tree replanting:

         A.   Planting seedlings or tree species of a size less than six (6) feet tall at the time of planting;

         B.   Grass seeding and mulching the cleared area to provide a ground cover and stabilize the soil;

         C.    Seeding with tree seeds of desirable tree species;

         D.   Planting or seeding of trees on off-site areas; and/or

         E.   Contribution to a reforestation fund, said amount to be determined by using the “Guide for Plant Appraisal” (official publication of the International Society of Arboriculture).

      (1)   An opaque gate shall be installed where accessibility is required and shall remain closed at all times the container or bin is not presently being accessed.

      (2)   All such walls, fences, and gates shall be a minimum of six (6) feet in height or one foot higher than the container or bin, whichever is greater.

      (3)   Additional landscaping, where space permits, shall be installed along any side, exclusive of the gate, when it is visible from a public right-of-way or neighboring parcel. Landscape materials shall provide a minimum of seventy-five (75%) percent coverage of the side when the planting has reached maturity. Evergreen or conifers shall be the primary plant materials used. The height of the plant material at installation shall be equal to or greater than two-thirds of the height of the walls or fence.

      (1)   Any parking lot of twenty (20) or more parking spaces shall be provided with interior landscaping.

      (2)   The area of interior landscaping shall equal a minimum five (5%) percent of the parking lot area.

      (3)   No more than fifteen (15) parking spaces are permitted in a continuous row.

      (4)   Small, dispersed landscape areas, commonly known as planting islands, shall be the primary method of distributing the landscape area throughout the interior of the parking lot and for interrupting any continuous rows of parking spaces.

      (5)   The landscaped area shall be reasonably dispersed throughout the parking lot. Planting islands shall be a minimum nine (9) feet in width and a minimum length of eighteen (18) feet and shall contain one shade tree for each eighteen (18) feet of length plus an additional shade tree for any remaining length of less than eighteen (18) feet.

      (6)   Shrubs and other live planting material may be used to complement the shade trees. Smaller material shall not be placed where it would be subject to damage by car overhangs, the opening of car doors, and from snow removal.

      (7)   Planting islands which have light poles for lighting the parking lot area may substitute ornamental / understory trees for the required shade trees.

      (8)   Planting islands and strips may be depressed below the normal pavement elevation for the purposes of storm water management and bio-retention as long as storm water conveyance facilities are available.

      (9)   Where compliance with this chapter would result in a deficiency in the number of parking spaces required by Section 1173.03, in such circumstance, the required number of parking spaces may be reduced as necessary for compliance with this chapter.

      (1)   All main access drives and ring roads within a parking lot shall be delineated with landscape islands.

      (2)   A landscape strip a minimum of ten (10) feet in width, which shall not include a sidewalk or trail, shall be located between the parking lot area and the right-of-way. At least one (1) tree for every forty (40) feet of adjacent right-of-way shall be planted in the landscape strip; however, this shall not be construed as requiring the planting of trees on forty (40) foot centers.

      (3)   Smaller material shall not be placed where it would be subject to damage by car overhangs, the opening of car doors and from snow removal.

      (1)    Shade trees shall be at least two (2) inches caliper.

      (2)   Ornamental trees shall be at least one and one-half (1½) inches caliper or eight (8) feet in height.

      (3)    Evergreen trees shall be at least six (6) feet in height.

      (1)   The cost estimate is to be prepared by a landscape architect, landscape contractor or nurseryman using prevailing material and labor costs, which costs shall be set forth in itemized detail. All cost estimates must receive approval of the Planning Administrator.

      (2)   The area on site must be set aside and reserved for landscaping and irrigation shall be in conformance with the approved landscape plan; and

      (3)   Landscaping must be installed and approved within one hundred and eighty (180) days of the date the Temporary Certificate of Occupancy is issued, or the bond and irrevocable letter of credit shall thence be immediately forfeited to the City. Prior to the issuance of a Final Occupancy Permit, the City will utilize the funds it receives from the forfeiture of the bond or letter of credit to landscape the property according to the approved landscape plan. If the City installs the landscaping, any bond money in excess of what was expended shall be retained by the City.