The purpose of this chapter is to promote the public health, safety and general welfare through the preservation, replacement and planting of trees and other plants in order to lessen air pollution, intercept airborne particulate matter, reduce noise and light glare, moderate storm water runoff, reduce erosion and sedimentation, maintain wildlife habitats, provide visual screening, provide natural shading, and enhance the natural beauty of the community.

(Ord. 08-33. Passed 5-4-09.)

   (a)   BUFFERING: A visual screen installed to provide a barrier where an uncomplimentary use abuts another use.

   (b)   CROWN SPREAD: The distance measured across the greatest diameter of the branch mass of a plant.

   (c)   DECORATIVE WALLS AND FENCES: Barriers constructed of wood, masonry or other appropriate material.

   (d)   DEVELOPED AREA: That portion of a lot, plat or parcel of land upon which a building, structure, pavement, landscape material or other improvement, excluding public rights-of-way, has been placed.

   (e)   DRIP LINE: The outer perimeter of the crown spread of a plant.

   (f)   ENCROACH: Any protrusion of a vehicle outside of a parking space, display area, storage area, and access way or access aisle into a landscaped area.

   (g)   GREEN SPACE: Ground which has been covered with landscape material for 100 percent of the area and ground cover for twenty-five percent of the area.

   (h)   GROUND COVER: Natural low growing evergreen perennial plants other than trees or lawn grass installed in such a manner so as to form a continuous cover over the ground.

   (i)   LANDSCAPING: The placement of landscape material in the planting area in accordance with the requirements of this chapter.

   (j)   LANDSCAPE MATERIAL: Landscaping consisting of material including, 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, mulch, rocks, pebbles, sand, decorative walls, fences, brick pavers, sculpture and earthen mounds, but excluding pavement for vehicular use. Artificial plants shall be prohibited.

   (k)   LARGE TREE CLASS SPECIES: Trees that reach forty-five feet or greater in height at maturity.

   (l)   MEDIUM TREE CLASS SPECIES: Trees that reach from twenty-five feet to forty-five feet in height at maturity.

   (m)   OWNER: The owner of the premises, a lessee of the premises, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises.

   (n)   PROPERTY LINE: See "LOT LINE" in Section 1230.04.

   (o)   PUBLIC PLACES: Includes all grounds other than streets and highways owned by the City.

   (p)   PUBLIC TREES: All shade and ornamental trees now or hereafter growing along any street, highway or any public place.

   (q)   STREET AND HIGHWAY: The entire width of every public way, easement or right-of-way when any part thereof is open to use by the public, as a matter of right, for the purposes of vehicular and pedestrian traffic, and shall include alleys.

   (r)   D.B.H.: Diameter at breast height.

(Ord. 08-33. Passed 5-4-09.)

   (a)   The regulations of this chapter shall apply to all lands in the City except as exempted in Section 1292.04.

   (b)   All new construction and additions shall comply with the requirements of this chapter. Plans with sufficient information to determine compliance with this chapter shall be submitted for approval.

   (c)   No zoning permit shall be issued for the construction of or addition to a building, without compliance with the provisions of this chapter. In the case of an appeal in accordance with Section 1292.10, the Zoning Inspector may issue a partial approval pending the decision of the Board and full approval shall be issued upon compliance with the requirements of the Board.

(Ord. 08-33. Passed 5-4-09.)

   The following activities and properties are exempt from the regulations in this chapter.

   (a)   Properties in RS, RL, RM, RH, RZLL, TFR.

   (b)   The removal of a tree on public property or within the street right-of-way.

   (c)   The removal of trees necessary for the construction, operation and maintenance of drainage facilities, sanitary and storm sewers.

   (d)   The removal of trees for construction of public roadways and improvements.

   (e)   The removal of trees required for the installation, maintenance and repair of underground and overhead utilities.

   (f)   Properties in the DC District, except that the provisions of Section 1292.07(c) shall be applicable.

(Ord. 08-33. Passed 5-4-09.)

   (a)   In the case of new construction or a building addition, a visual screen, in addition to the provisions in Section 1290.03, shall be required in accordance with Section 1292.06.

   (b)   The visual screen shall be a masonry wall, solid fence, earthen mound or landscaping. Such screening shall be between four and six feet in height and shall be maintained in good condition. When landscaping is used as the visual screen, it shall consist of a strip of land not less than fifteen feet in width planted with an evergreen hedge, or evergreen shrubs not less than four feet in height providing a continuous seventy-five percent opaque buffer.

(Ord. 08-33. Passed 5-4-09.)

 

6.   See Table 1292.06(6).

 

 

*   Numbers in these columns are cumulative. Example: 12-family = 8 trees and 6,000 sq. ft. of green space.

7.   See Table 1292.06(7)

 

 

*   Numbers in these columns are cumulative. Example: 60,000 sq. ft. bldg. = 20,800 sq. ft. green space.

(Ord. 08-33. Passed 5-4-09; Ord. 23-22-A. Passed 9-5-23.)

   (a)   All trees, shrubs and vegetation planted shall be native or common to Central Ohio or similar climates, in good condition and planted using accepted planting procedures.

   (b)   New trees planted to meet the minimum tree standards and buffering requirements shall be at least two inches in caliper and at least six feet in height.

   (c)   Prohibited trees:

 

(Ord. 08-33. Passed 5-4-09.)

   Required landscaping, buffering and green space shall be in place in accordance with the approved plan prior to final inspection and occupancy of the building. If the weather season makes planting impractical, a certified letter of credit from a banking institution covering the full cost of landscape materials and installation may be posted, or a letter from the construction lender stating the funds will be held until the landscape material installation is complete and providing for release of such funds should the developer fail to install the required landscape material within six months thereafter. Failure to do so shall result in forfeiture to the City of the funds, which funds will be used for the installation of the required landscape material.

(Ord. 08-33. Passed 5-4-09.)

   All trees required by this chapter shall be maintained in a healthy and living condition. Any tree required herein that dies or is removed for any reason shall be replaced with a new tree or trees to comply with the minimum schedule in Section 1292.06.

(Ord. 08-33. Passed 5-4-09.)

   When it is determined by the Zoning Inspector that a proposed plan does not comply with the requirements of this chapter, the determination may be appealed to the Board in accordance with Section 1234.09.

(Ord. 08-33. Passed 5-4-09.)