(a) Plan Required. Each proposed development shall include a plan for shade trees and landscaping in conformity with the following guidelines:
(1) There shall be not less than one tree per fifty feet of frontage on any public street of any residential, commercial or industrial development and such trees shall be planted such as to enhance the frontage of the development.
(2) Trees shall be a minimum of ten feet high and a minimum diameter at ground level of one and three-fourths inches.
(3) The owner of landscaping approved and required shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance free from refuse and debris. The owners shall make provision for the adequate watering of live plant material.
(4) Trees in a commercial or industrial area shall be located in such manner as to divide and break up the expanse of pavement and shall be distributed upon the area so as to enhance the appearance of the structure and/or area.
(5) In all proposed commercial and industrial developments, there shall not be less than two trees for up to ten parking spaces required; not less than three trees for up to the next twenty parking spaces; and not less than two trees for up to each twenty additional parking spaces. Tree plantings required by this subsection are to be in addition to those required under subsection (a)(1) hereof.
(6) All trees planted shall be from the approved tree list of the Ashland Tree Commission.
(7) To enable the developer to complete his excavation and work procedures without damage to the trees, if installation of plantings is not completed in a planting season, the landscaping must be installed during the next planting season.
(b) Approval of Plans and Appeals.
(1) All plans required by this section shall be approved by the Planning Commission and shall be submitted to the Tree Commission and the Engineering Division for review at least thirty days prior to submission of the plan to the Planning Commission.
(2) Appeals may be taken to and before the Tree Commission by any person aggrieved by filing a notice of appeal within sixty days after his plan has been rejected and specifying the grounds thereof. The Tree Commission shall fix a time not to exceed sixty days from the date of appeal for the hearing of the appeal or other matters referred to it, and shall give notice of such hearing. A decision of the Tree Commission on the appeal shall be reached within thirty days. Upon the hearing, any party may appeal in person or agent or by attorney. The Tree Commission may reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determination appealed from and shall make such recommendation as in its opinion ought to be made.
(c) Penalty. Whoever violates any of the provisions of the Tree Planting Code shall be guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The owner of any premises or part thereof, where anything in violation of this Tree Planting Code is placed or exists, and any architect, builder, contractor or agent or person employed in connection therewith and who may have assisted in the commission of such offense, shall be guilty of a separate offense.
(Ord. 14-89. Passed 4-18-89.)