Section
1018.01 Purpose; title
1018.02 Definitions
1018.03 Urban Forester
1018.04 Planting and/or removal of trees; permit required
1018.05 Replacement of trees
1018.06 Pruning of trees
1018.07 Pruning or removal of trees on private property
1018.08 Abuse and/or mutilation of public trees
1018.09 Protection of trees near construction work
1018.10 Placing of material injurious to trees on public property
1018.11 Noticed to correct; service; noncompliance; remedy of city
1018.12 Emergencies
1018.13 Interference with Urban Forester or agent
1018.99 Enforcement and penalty
Editor’s note:
This chapter, previously titled Trees, Shrubs and Hedges, was repealed and re-enacted in its entirety by Ordinance 199-94, passed October 24, 1994 and amended in its entirety by Ordinance 23-84, passed May 9, 2023.
(a) The purpose of this chapter is to establish a framework for the development and sustainability of the city’s urban forest to maximize the benefits for all residents through the orderly planting, maintaining, care and preservation of trees, shrubs and hedges in the public ways and on all city property.
(b) This chapter shall be known as the Avon Lake Municipal Tree Ordinance.
(Ord. 199-94, passed 10-24-1994; Ord. 23-84, passed 5-9-2023)
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word “shall” is mandatory and not merely directory.
ADMINISTRATIVE COMMUNICATION. A written, typed or printed document.
BOARD CONTROLLED PUBLIC PLACES. All current and future grounds placed under board control by the Charter, such as the Board of Utilities and the Board of Education in the city.
CITY. The City of Avon Lake, Lorain County, State of Ohio.
EMERGENCY. The immediate necessity for the preservation of public peace, health and safety.
HEDGE. A row of closely planted shrubs or low-growing trees forming a fence or boundary.
LARGE TREES. Those trees attaining a height of 45 feet or more.
MEDIUM TREES. Those trees attaining a height of 30 to 45 feet.
PARK. All public parks having individual names.
PARK AND STREET TREES DEPARTMENT. The Public Works Department, which is the designated department of the city under whose jurisdiction park and/or street trees fall.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PRINCIPAL THOROUGHFARE. Any street upon which trucks are not prohibited.
PRIVATE PROPERTY. All grounds not owned by the city.
PROPERTY LINE. The outer edge of a street or highway.
PROPERTY OWNER. The person owning such property as shown by the County Auditor’s Plat of Lorain County, Ohio.
PUBLIC PLACES. All non-board-controlled grounds owned by the city.
PUBLIC TREES. All shade and ornamental trees now or hereafter growing on a tree lawn or any public place where otherwise indicated.
SHRUB. A woody plant of relatively low height, distinguished from a tree by having several stems protruding from the ground.
SMALL TREES. Those attaining a height of 20 to 30 feet.
STREET and HIGHWAY. The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
TREE. A tall, woody plant, distinguished from a shrub by having comparatively greater height and, characteristically, a single trunk with multiple branches rather than several stems protruding from the ground.
TREE LAWN. That part of a street or highway, not covered by a sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
URBAN FORESTER. The Urban Forester of the city, manages and implements the goals of this chapter.
(Ord. 199-94, passed 10-24-1994; Ord. 43-2014, passed 4-14-2014; Ord. 23-84, passed 5-9-2023)
There is hereby established the position of Urban Forester in and for the city, and the city hereby adopts the Avon Lake Arboricultural Specifications and Standards of Practice.
(a) Duties. The Urban Forester shall abide by and have the authority to promulgate rules and regulations under authority of the Avon Lake Arboricultural Specifications and Standards of Practice, which rules and regulations shall govern the planting, maintenance, removal, mulching, fertilization, pruning and bracing of trees on the tree lawns and public places in the city, and the Urban Forester shall direct, regulate and control the planting, maintenance and removal of all trees growing now or hereafter in any tree lawn or public place in the city. He or she shall cause the provisions of this chapter to be enforced. In his or her absence, these duties shall be the responsibility of a qualified person designated by the city.
(b) Authority.
(1) In general. The Urban Forester shall have the authority and jurisdiction to regulate the planting, maintenance, and removal of trees in tree lawns and public places to ensure safety and preserve the aesthetics of such public sites.
(2) Supervision. The Urban Forester shall have the authority and it shall be his or her duty to supervise or inspect all work done under a permit issued in accordance with the terms of this chapter.
(3) Condition of permit. The Urban Forester shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this chapter.
(4) Master street tree plan. The Urban Forester shall have the authority to formulate or modify the master street tree plan with the advice, a hearing, and the approval of the Tree Commission. The master street tree plan shall specify the species of tree to be planted on each of the streets in the city. From and after the effective date of the master street tree plan, or any amendment thereof, all planting shall conform thereto. Appendix C of the Avon Lake Arboricultural Specifications and Standards of Practice contains the Avon Lake master street tree plan.
A. The Urban Forester shall consider all existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites of the city.
B. The Urban Forester, with the approval of the Tree Commission, shall have the authority to amend or add to the master street tree plan at any time that circumstances make it advisable. The master street tree plan is to be reviewed and updated every five years. New streets and improved cultivars in trees are to be considered.
C. The Urban Forester shall maintain tree related records and reference material, including a street and park tree inventory.
(5) Arboricultural Specifications and Standards of Practice. The Urban Forester or the Tree Commission shall have the authority to modify, amend or extend the Avon Lake Arboricultural Specifications and Standards of Practice, with the approval of the city department heads and the Tree Commission, at any time that experience or technology indicates improved methods or whenever circumstances make it advisable. Council must approve any changes to policy or procedure. Other changes require only notification of Council.
(Ord. 199-94, passed 10-24-1994; Ord. 23-84, passed 5-9-2023)
Loading...