The purpose and intent of this subchapter is the preservation and promotion of landscaping as a suitable and necessary aspect of land development, as a component of the village’s development character, as an important beneficial element of the microclimate through the provision of shade and as buffers, and to promote the public health, safety, and general welfare. It is further the purpose of this subchapter to promote the preservation and, when necessary, replacement of major trees removed in the course of land development, to promote the proper utilization of landscaping as a buffer between certain land uses to minimize conflicts, and to protect, preserve, and promote the character of the village.

(Ord. 96-152, passed 10-7-1996)

   (A)   Nonresidential uses.

      (1)   All trees with a caliper of six inches or more shall be maintained and preserved as part of all nonresidential development. The location of all other driveways, off-street parking and loading areas, and all other improvements, including grading, shall be designed to avoid the destruction of any such existing tree defined herein. As part of an approved landscaping plan, any such tree may be replaced by a tree of like species with a caliper not less than three inches only under the following conditions:

         (a)   An existing tree will be located within a public right-of-way or easement;

         (b)   An existing tree is located within the area to be covered by a proposed structure or within 12 feet from the perimeter of such structure and such structure cannot be located in a manner to avoid removal of an existing tree at the same time permitting desirable, logical, and appropriate development of the lot;

         (c)   An existing tree will be located within a proposed driveway, off-street parking area, or other improvement and relocation of such improvement would not permit desirable, logical, and appropriate development of the lot; and

         (d)   An existing tree is damaged or diseased.

      (2)   In addition to the requirements for off-street parking areas, all nonresidential uses shall provide 20 square feet of landscaped area for every 1,000 square feet of building ground coverage area, or fraction thereof, and one-inch in tree caliper for every 1,000 square feet of building ground coverage. All areas of a lot not covered by buildings, structures, paving, or the landscaping required herein shall be covered by natural turf at a minimum. Tree planting requirements may be waived by the Planning Commission if the quantity of existing trees and their aggregate trunk sizes meet or exceed these requirements and are evenly distributed throughout the subject site.

   (B)   Multi-family perimeter treatment. For all multi-family residential uses, a 15-foot landscaped perimeter shall be provided where such development is adjacent to or abuts a residential zoning district or public right-of-way, excluding on-site access drives. Such landscaping shall include a combination of trees, shrubs, hedges, earth mounds, and other natural features. No more than 50% of natural landscaping material shall consist of turf.

   (C)   Off-street parking areas.

      (1)   Off-street parking areas for more than five vehicles shall be effectively screened on each side which abuts a residential zoning district or public right-of-way by a masonry wall or solid wood fence. Such wall or fence shall be no higher than four feet and shall be maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height. This division (C) shall apply to bed and breakfast inns regardless of the size of off-street parking area.

      (2)   All off-street parking areas shall provide one tree not less than two inches tree trunk diameter, measured at four feet from the ground, for every six parking spaces. All trees shall be balled and wrapped in burlap when planted. Planting beds for parking lot trees shall be constructed so as to minimize damage to trunks and roots of the trees from vehicles, pedestrians, and parking lot maintenance through the use of adequate soil planting area and curbing or parking blocks. Planting soil area per tree shall be a minimum of 16 square feet. The minimum dimension for the planting areas shall be four feet on one side. All trees shall be maintained in a healthy condition.

      (3)   Relative to landscaping within off-street parking areas and screening of parking area perimeters, for off-street parking areas equal to or larger than 2,500 square feet in total area or ten or more parking spaces, whichever is greater, minimum landscaping areas within the interior of the parking area shall be provided at the rate of ten square feet for every 1,000 square feet of parking area. No more than 50% of natural landscaping material shall consist of turf.

   (D)   Signs. In addition to the requirements of divisions (A), (B), and (C) of this section, a landscaped area totaling a minimum of 50 square feet shall be provided centered on the base of all freestanding signs and should be comprised of a variety of natural materials, such as turf, ground cover, shrubs, and hedges. Within the Limited Commercial Overlay District and Limited Residential Overlay District, the total amount of landscaped area shall not exceed 15 square feet once the off-street parking requirements have been met. No more than 50% of natural landscaping material shall consist of turf. Low maintenance plant materials should be utilized. A sketch plan drawn to scale and indicating plant material by type and quantity shall be provided with the application for a certificate of zoning compliance.

   (E)   Screening of service courts and loading dock areas. All areas used for service, loading, and unloading activities shall be screened along the entire lot line if adjacent to or abutting a residential zoning district or public right-of-way. The requirements of § 153.277(F) shall apply.

   (F)   Screening of trash container receptacles. For all non-single-family residential uses requiring trash container receptacles, such as dumpsters, all such containers or receptacles shall be enclosed on all sides by walls or fences with an opacity of 100% and a minimum height of six feet. Such containers or receptacles, when located adjacent to or abutting a residential zoning district, shall in addition be landscaped on all sides visible from such districts by shrubs and hedges with an opacity of 75%. Trash containers and receptacles shall be located behind the building line and shall be located to the rear of nonresidential uses. Trash containers and receptacles shall conform to side and rear yard setback requirements and for nonresidential uses adjacent to a residential zoning district such containers and receptacles shall be located no closer than 25 feet to any property line.

   (G)   Significant trees. All significant trees as defined in this chapter shall be protected and preserved to ensure that the value provided to the village and its citizens by the cultural, historical, biological, or horticultural significance of any tree is continued into the future.

(Ord. 96-152, passed 10-7-1996)

   Proposed landscape materials should complement existing vegetation, all architectural features and general layout, and should be comprised of indigenous plant material. Landscaping design and materials shall consist of the following.

   (A)   Plants. All plant materials shall be living plants that conform to the standards of the American Association of Nurserymen and shall have passed any inspections required under state regulations. Artificial plants are prohibited in all landscaped areas in the village required as per this chapter.

   (B)   Deciduous trees. Deciduous trees shall be species having an average mature crown spread of greater than 15 feet in central Ohio and having trunks which can be maintained with over five feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where eight foot clear wood requirements will control. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping of the same so as to create the equivalent of a 15-foot crown spread. Appendix E, attached to Ord. 96-152, passed October 7, 1996, contains a list of trees recommended as appropriate for the village environment for landscaping and public places, and such Appendix E is hereby adopted by reference and shall be treated as if set forth in full herein.

   (C)   Evergreen trees. Evergreen trees shall be a minimum of five feet in height with a minimum caliper of one and one-half inches at planting.

   (D)   Shrubs and hedges. Shrubs and hedges shall be at least two feet in average height when planted.

   (E)   Earth mounds. Earth mounds shall be physical barriers which when planted, block or screen the view just as a hedge or low wall would. Mounds shall be constructed of clean fill, top soil, and similar materials, and shall be designed with proper plant material to prevent erosion and facilitate drainage. Earth mounds shall not exceed four feet in height and shall be planted completely by plant material, which may include mulching limited to the immediate base of plantings, of which no greater than 50% shall be turf.

   (F)   Screening materials. Screening may consist of walls, fences, natural vegetation, or a combination thereof acceptable to the Planning Commission and with an opacity of no less than 75%, except where superseded under § 153.276(F). Only masonry and brick walls or solid wood privacy fencing is permitted for built screening. Such screening shall be between four and six feet in height and shall be maintained in good condition. Landscaping provided in lieu of such wall or fence shall consist of dense evergreen bushes planted no less than four feet in height.

(Ord. 96-152, passed 10-7-1996)

   (A)   Procedure. Landscaping plans shall be submitted to the Director whenever an application is filed for a non-single-family use as a part of a request for a certificate of zoning compliance, zoning map amendment, conditional use permit, and in conjunction with the submittal requirements for Planned Districts.

   (B)   Plan contents. The landscaping plan shall be prepared by a licensed design professional or landscape professional and shall include the following information:

      (1)   Plot plan drawn to scale indicating property lines, easements, proposed improvements, natural features, drainage, adjacent uses and structures, and proposed landscaping which shall include botanical and common names, installation size, on-center planting dimensions where applicable, and a summary of all landscaping materials used on-site, new and existing, by type, common name, and quantity.

      (2)   In the case where trees are to be removed as part of any site development, the plot plan shall, in addition to items included in division (B)(1) above, also specifically indicate any trees to be removed and include botanical and common names and location of any large trees and any significant trees as defined in this chapter.

      (3)   Typical building elevations and/or cross sections with proposed vegetation as may be required.

      (4)   Title block with the pertinent names and addresses of property owner, applicant, design or landscape professional and state license number, scale, date, north arrow, zoning district, and village.

   (C)   Criteria for review. The submitted landscaping plan shall be reviewed to determine if proposed improvements comply with the requirements and standards of this chapter and commonly accepted landscaping and design standards. The Planning Commission and/or Director may call upon the Tree Board or professional services from either the public or private sectors to provide an evaluation relative to any submitted landscaping plan.

(Ord. 96-152, passed 10-7-1996)

   (A)   Installation. Landscaping plans and the improvements identified therein meeting the requirements of this Zoning Code shall be completely installed no later than six months subsequent to the date of issuance of a building permit. A single three-month extension may be granted by the Director upon request of the applicant upon demonstration that such extension is warranted because of adverse weather conditions or unavailability of approved landscaping material. All landscaping material shall be installed in a sound, professional manner and according to accepted landscaping and planting procedures.

   (B)   Maintenance. All landscaping material shall be maintained in proper and healthful condition. Property owners shall maintain landscaped areas in a proper, neat, and orderly appearance, and free from refuse and debris. The village may call upon professionals from the public or private sectors to prepare a determination, the cost of which is to be jointly born by the village and applicant/owner, as to the quality of maintenance undertaken by the applicant/owner and to forward a recommendation as to actions necessary to ensure compliance with this chapter. Upon issuance of a citation, corrective action shall be completed within 60 days unless the Director determines that whether constraints require one additional 60-day period. Failure to meet the requirements of this section shall constitute violation of this Zoning Code and enforcement and penalty requirements of §§ 153.030 through 153.045 and § 153.999 shall apply.

   (C)   Dead or diseased trees. It shall be unlawful for any property owner to maintain or permit to stand on his or her property dead, diseased, damaged or alive, trees, shrubs, evergreen, or other plants which are deemed by the village to be a menace to the public peace, health, and safety.

(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

   (A)   Purpose. The village recognizes the value of woodlands to the community in providing a rich and varied environment, watershed cover, soil protection, noise buffers, wildlife habitat, pollution purification, and a continuous supply of pure oxygen. Poorly planned development can lead to increased erosion and siltation, deterioration of water quality, loss of landscape diversity, increased danger of flooding, and reduced recreational opportunities. This section of this Zoning Code is intended to preserve and protect the character and purpose of woodland areas.

   (B)   Definition. For the purposes of this chapter, a WOODLAND is defined as an area or stand of trees the majority of which are greater than 12 inches caliper measured four feet above grade and covering an area greater than one-quarter acre; or groves of mature trees without regard to minimum area consisting of more than ten individual specimens.

   (C)   Permitted uses. Land and buildings within woodlands shall be used only for the following purposes:

      (1)   Single-family detached dwellings limited to minimum one acre lots and the designation of permanent no-build zones amounting to 60% of each lot;

      (2)   Accessory buildings and uses in association with a permitted dwelling;

      (3)   Home occupation in accordance with § 153.197;

      (4)   Public parks, open space, and nature areas; and

      (5)   Agricultural pursuits that do not reduce the tree cover, such as maple sap tapping.

   (D)   Development standards. The following are minimum development standards, except where noted, and shall apply within woodlands in addition to the applicable development standards of the underlying zoning district.

      (1)   Maximum lot coverage for all structures and accessory buildings and uses shall be 20%.

      (2)   On-site wastewater treatment and disposal and ground water generation shall not be permitted.

      (3)   Soil types shall be appropriate and suitable for residential development.

      (4)   Fire-retardant materials, as defined by the Warren County Building and Electrical Code.

      (5)   Landscape materials shall be native to central Ohio.

      (6)   Applicable standards shall be met in corresponding provisions of this chapter.

   (E)   Landscaping plan.

      (1)   The landscape plan, submittal requirements, and all other requirements and standards of this section shall apply to all structures and uses proposed within a woodland. The landscaping plan shall contain a natural resources inventory showing type, size, and location of all existing vegetation with a minimum caliper of six inches, and soil and topographical information.

      (2)   In reviewing the landscaping plan, the village may call upon the Tree Board and professional services from either the public or private sectors to assist in such evaluation.

   (F)   Variance. The Board of Zoning and Building Appeals may consider a request for a variance of the strict application of the requirements of this section; however, in doing so, the Board may only consider variances for nonresidential zoning districts and in granting a variance shall require the on-site comparable replacement of all removed trees as per the definition in division (B) of this section.

(Ord. 96-152, passed 10-7-1996)

   (A)   Within the public right-of-way and on public properties, no person or entity other than the village shall plant any tree, shrub, evergreen, or woody shrub or other obstruction on public property, unless a street tree permit is obtained. The enforcement provisions of §§ 153.030 through 153.045 and § 153.999 shall apply to this section.

   (B)   Requirements for trees located on village-owned public property: the following are requirements for the planting, pruning, and removal of trees within village-owned property. For the purposes of this chapter, village-owned property shall include all public ways, streets, alleys, parks, or other property owned by the municipality.

      (1)   Requirements. It shall be required that all subdividers or developers plant trees along the public streets of their developments in such a manner, type, quantity, and location as approved by the Planning Commission and as recommended by the Tree Board and as defined by the following conditions, and that any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development.

         (a)   The tree to be planted shall not be of an undesirable tree species, as those listed in Appendix E, attached to Ord. 96-152, passed October 7, 1996 (Recommended Street Trees), which Appendix E is hereby adopted by reference and shall be treated as if set forth in full herein.

         (b)   The minimum spacing between trees shall be 45 feet for large trees, 35 feet for medium trees, and 25 feet for small trees.

         (c)   The maximum spacing between trees shall be 50 feet for large trees, 40 feet for medium trees, and 30 feet for small trees.

         (d)   The minimum distance between the tree and the edge of the street shall be two and one- half feet for a large tree, two feet for a medium tree, and one and one-half feet for a small tree. 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 for a large tree, two feet for a medium tree, and one and one-half feet for a small tree.

         (e)   The location of the tree shall be at least 20 feet from street intersections and ten feet from fire hydrants or utility poles.

         (f)   A small tree shall be used when planting under or within ten lateral feet of overhead utility wires. A small or medium tree shall be used when planting within ten to 20 lateral feet of overhead utility wires.

         (g)   Developers shall be required to maintain the trees planted by them for one year after the trees are planted and to replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one-year period. A one-year guarantee period shall begin at each planting and shall recommence as trees are replaced. Upon completion of the planting of street trees, the landscape contractor shall contact the Director who will contact the Chairperson of the Tree Board to schedule a preliminary site inspection. The one-year guarantee period shall begin on the date of the approval by the Street Tree Advisory Board. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the inspection of the Street Tree Advisory Board and the Zoning Director, shall be promptly replaced at the expense of the developer.

         (h)   The trees should be of one and the same genus and species and planted continuously down each street as recommended by the Waynesville Street Tree Master Plan.

         (i)   The minimum trunk caliper measured at six inches above the ground for all street trees shall be no less than one and three-fourths inches.

      (2)   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.

      (3)   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 sidewalk. Tree limbs extending over streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.

      (4)   Municipal rights. The municipality shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, and other public grounds as may be necessary to ensure public safety or to preserve or enhance the environmental quality and beauty of such public grounds. A street tree permit shall be obtained prior to commencement of work. The Zoning Director may cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature poses a threat to the interruption of service to sewers, electric power lines, gas lines, water lines, or other public improvements.

      (5)   Reducing tree lawn. No person shall by any type of construction reduce the size of a tree lawn without first securing permission from the Planning Commission.

      (6)   Violations. A person who removes, damages, or causes to be removed a street tree from the tree lawn or other public place without a street tree permit shall be subject to the provisions and penalties of this Zoning Code of the village and/or shall be required to remove and the replace the tree with a tree of like caliper as approved by the Director.

      (7)   Permit requirements.

         (a)   No person, contractor, or village department shall hereafter plant, remove, prune, or treat with growth inhibiting measures, any tree or shrub upon any public way, street, alley, park, or other property owned by the village, without obtaining a street tree permit, except in the case of a bona fide emergency situation such as a limb or other part of a street tree being within the traffic way or as may be determined by the Mayor in the capacity as conservator of the peace and administrative officer of the village. In which case, any public utility may act in response to the emergency but must report such actions for a determination of “emergency” by the Mayor. A street tree permit shall specify number of trees or shrubs, size, type, species, and location to be planted, pruned, or removed. When a permit is issued to a individual or contractor, it is the responsibility of the permit holder to contact “OUPS” or its succeeding entity, South Central Power, and Waynesville Utilities.

         (b)   The Director has the authority to deny a permit to any person or contractor who proposes to plant any tree or shrub upon a public way, street, alley, park, or other property owned by the village, of a size, type, or species determined to be undesirable for the proposed location, or if the location is determined to be unsuitable.

         (c)   Applications for street tree permits shall be made on forms prescribed by the Director and shall include the following information:

            1.   Written description of the purpose of the permit and the location for which the permit is sought;

            2.   Specification of the species, cultivar, and genus of the tree which is the subject of the permit application; and

            3.   Description of the method proposed to accomplish the permit and, in the case of a proposal to remove an existing tree, the authorization as a representative of a certified arborist, and in the case of a proposal to plant or prune, the signature of the permit holder agreeing to comply with the National Arborist Standards.

         (d)   Street tree permits shall be valid for a maximum period of 60 days unless otherwise specified. All work approved by the permit shall be completed in the time specified by the permit and in the manner described. Permits shall be considered void if the terms are violated. Additional permits are required to be obtained from the Utilities Superintendent to work within a public right-of-way.

         (e)   Street tree permits shall be administered by the Zoning Director. The Director shall refer all applications for street tree permits to the Street Tree Advisory Board for its review and recommendations. Each location subject to a public tree permit shall be field inspected by the Tree Board or appropriate designee prior to the submission of a written recommendation to the Director. All permits for pruning of street trees shall show conformance with the National Arborist Association Pruning Standards for Shade Trees.

         (f)   Utility companies shall provide written evidence to the Director, of adherence to established guidelines (as recommended by the National Arborists Association) for line clearance work. These guidelines shall cover the following areas:

            1.   Tree trimming/pruning;

            2.   Tree removal;

            3.   Brushing;

            4.   Right-of-way clearance for new transmission conductors on private rights-of-way.; and

            5.   Chemical brush control and appropriate precautions.

      (8)   Removal, replanting, and replacement in public places.

         (a)   Wherever it is necessary to remove a tree or shrub from any village-owned property, in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley, or highway used for vehicular traffic, or any other reason, the person responsible for the paving, widening, or other activity shall endeavor to remove and replant such trees or shrubs, or replace them. No permit shall be issued for any tree over 12 inches in caliper or 30 years in age shall be removed or issued a street tree permit without prior public review by the Tree Board at its regularly scheduled meeting.

         (b)   No adjacent property owner shall remove or cause to be removed any trees or shrubs from the village-owned tree lawn, or other public place, as defined, for any purpose.

      (9)   Public tree care.

         (a)   The village shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs or portions thereof within village-owned property as may be necessary to ensure public safety or to preserve or enhance the health of the plant material or the beauty of such public grounds.

         (b)   The Tree Board or its consultants shall recommend to the Director those locations at which it deems the removal of street trees is necessary. The Director will notify the adjacent property owners of the village’s intentions to remove the trees. This section does not prohibit the planting of street trees by adjacent property owners providing that the permission of the Director and the recommendations of the Tree Board or designee have been granted by the issuance of a street tree permit.

         (c)   The village shall have the right to enter private property to access trees adjacent to public areas for the purpose of proper pruning, after reasonable prior notice has been given to the property owner. To ensure that street trees thrive, homeowners are encouraged to confer with the Tree Board and water the trees as needed.

         (d)   Unless issued a written permit by the Director, no person shall attach any rope, wire, nails, advertising poster, or other contrivance to any tree on village-owned property. No person shall permit any fire to burn where such fire or heat therefrom, or heat from any source will injure any portion of any tree on village-owned property. Without a permit, no person shall use herbicides or other chemicals on any trees, shrubs, or evergreens on village-owned property.

         (e)   No person shall hinder, prevent, or interfere with the agents or employees of the village while the agents or employees are engaged in planting, maintaining, or removing any tree, shrub, evergreen, or other plant material on village-owned property.

         (f)   No person shall excavate any ditch, tunnel, trench, or lay any drive within a radius of ten feet from any tree, shrub, evergreen, or other plant material standing on any village-owned property without first obtaining a permit from the Director.

         (g)   It shall be unlawful for any person to break, deface, injure, mutilate, kill, or destroy any tree, shrub, or evergreen on any village-owned property (see § 131.21 of these codified ordinances).

      (10)   Removal of stumps. All stumps of street trees shall be removed 12 inches below the surface of the ground. Stumps shall be removed or shall be ground at the site. All residual material shall be removed from the site at the time the tree is removed and the site shall be restored as approved in the street tree permit.

      (11)   Arborist license and bond. It shall be unlawful for any person or contractor to act as an arborist in the business or occupation of pruning, treating, or removing street trees within the village without providing documentation as a certified arborist or as the authorized representative of a certified arborist. Each applicant shall file evidence of possession of liability insurance in the minimum amount of $1,000,000 indemnifying the village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

      (12)   Appeal procedures. Any applicant aggrieved by a decision of the Zoning Director with respect to a street tree permit may appeal the decision to the Board of Zoning and Housing Appeals as prescribed in § 153.039(F).

(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

   (A)   For the first violation of the provisions of this chapter or failure to comply with any of its requirements, upon conviction thereof, any person may be fined not more than $50 per day.

   (B)   Each day any such violation continues after receipt of a violation notice shall constitute a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing in this chapter shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violations.

(Ord. 96-152, passed 10-7-1996)