EDITOR’S NOTE: This chapter, previously titled Trees, was repealed and re- enacted in its entirety by Ordinance No. 90-21, passed November 22, 2021.
1028.01 Purpose.
1028.02 Applicability.
1028.03 Definitions.
1028.04 Authority of Service Director.
1028.05 Citizens Tree Commission.
1028.06 Replacement of trees.
1028.07 Pruning of public trees; obstructions.
1028.08 Topping of trees prohibited.
1028.09 Trimming of trees on private property.
1028.10 Abuse and/or mutilation of public trees.
1028.11 Protection of trees near construction work.
1028.12 Placing of material injurious to trees on public property.
1028.13 Moving of trees; deposit required.
1028.14 Notice to correct; service; noncompliance: remedy of Municipality.
1028.15 Emergencies.
1028.16 Interference with Director of Public Service or agent.
1028.17 Permitted trees.
1028.18 Prohibited trees.
1028.19 Exceptions, variances and Liens.
1028.20 Conflicts.
1028.21 Master Tree Plan.
1028.99 Penalty.
Appendix A: Tree Recommendations.
Appendix B: Prohibited Trees.
CROSS REFERENCES
Power to regulate shade trees - see Ohio R.C. 715.20
Assessments for tree planting or maintenance - see Ohio R.C. 727.011
Injury or destruction - see GEN. OFF. 642.06
Subdivision improvements - see P. & Z. 1248.08
The purpose of this chapter is to promote the public health, safety and general welfare through the preservation, replacement, removal and planting of trees native to our area in order to lessen air pollution, intercept airborne particulate matter, increase and support biodiversity, reduce noise and light glare, moderate air temperature, moderate storm water runoff, reduce erosion and sedimentation, maintain wildlife habitats, provide visual screening, provide natural shading, protect property values and enhance the natural beauty of the community.
(Ord. 90-21. Passed 11-22-21.)
(a) The regulations of this Chapter shall apply to all lands in the Municipality except as exempted in subsection (d) hereof.
(b) No land shall be cleared of trees nor shall any tree with a DBH of eight inches or greater be cleared or removed without first obtaining written permission of the Director of Public Service pursuant to the provisions of this Chapter.
(c) All development plans, subdivision plans, and new construction shall comply with the requirements of this Chapter and Chapters 1228 and 1244.
(d) The following shall be exempt from the regulations of this Chapter:
(1) The removal of dead, diseased, or damaged trees.
(2) Any tree on public property or within street right-of-way.
(3) The removal of trees necessary for the construction, operation, and maintenance of public streets, water lines, sanitary sewers, storm sewers and drainage facilities.
(4) The removal of trees necessary for the installation, maintenance, and repair of overhead utilities or underground utilities.
(5) The removal of trees in time of emergency or which pose a potential danger.
(6) The removal of trees by an individual single-family/two-family homeowner on their individually owned parcel.
(Ord. 90-21. Passed 11-22-21.)
Only for the purposes of interpreting this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein; words used in the singular include the plural.
(a) "Arboriculture" means and includes the trimming, spraying, pruning, maintaining and any other care or work intended for the strengthening of trees and the removal and prevention of tree pests, blights and diseases of all kinds.
(b) "Buffer" means an area established to separate different uses and/or zoning districts through the use of natural vegetation, trees, landscaped mounds and fences. (See also Chapter 1294)
(c) "Caliper" means the diameter in inches of trees measured at the height of six inches above the ground for trees of four inches in diameter and under; measured twelve inches above the ground for trees over four inches in trunk diameter.
(d) "Conifer" means a tree with needle leaves and woody cone fruit.
(e) "Criticalroot zone (CRZ)" means the circular area surrounding a tree in which the tree’s roots critical to its survival usually will be found, and which should be protected. The radius of the CRZ in feet is typically 1.5 times the DBH in inches. By way of example, if a tree’s DBH is ten inches then the CRZ is 1.5 times ten, resulting in a CRZ radius of fifteen feet. This formula is particularly useful in dealing with trees that have been growing in a forest or that naturally have a narrow growth habit. Recognizing that the root zone varies with tree variety, the actual radius for the critical root zones shall be approved by the Service Director after consultation with a certified arborist.
(f) "Deciduous" means a tree which sheds leaves in winter or fall.
(g) "Diameter at breast height (D.B.H.)" means the diameter in inches of a tree measured four and one-half feet above the existing grade.
(h) "Emergency" means the immediate necessity for the preservation of public peace, health, safety and welfare.
(i) "Evergreen" means trees which maintain their leaves year-round including broad leaf and conifer evergreens.
(j) "Grubbing" means the removal of understory vegetation which does not remove any trees with a D.B.H. of four inches or greater.
(k) "Large trees" means those trees attaining a height of forty-five feet or more.
(l) "Medium trees" means those trees attaining a height of thirty to forty-five feet.
(m) "Municipality" means the City of Avon, County of Lorain, State of Ohio.
(n) "Park" means all public parks within the Municipality.
(o) "Perimeter landscaping" means the use of landscaping within the landscaped buffer area and the front, side and rear yards in which no off-street parking is permitted.
(p) "Person" means any person, flim, partnership, association, corporation, company or organization of any kind.
(q) "Private property" means all grounds not owned by the Municipality.
(r) "Protective barriers" means structural measures, such as fencing or berms, installed prior to construction for the purpose of preventing damage to trees during construction.
(s) "Public places" means all grounds owned or controlled by the Municipality.
(t) "Public trees" means all shade and ornamental trees now or hereafter growing on a tree lawn or any public place where otherwise indicated.
(u) "Small trees" means those attaining a height of twenty to thirty feet.
(v) "Street" and "highway" mean the entire width of every public way or right-of-way when any part thereof is open to use by the public, as a matter of right, for purposes of vehicular and pedestrian traffic. See also 1246.04.
(w) "Topping" is the severe cutting back of limbs to stubs larger than three inches in diameter so as to remove the normal canopy and disfigure the tree.
(x) "Tree" means a self-supporting woody plant usually having a single trunk, which has the potential of a D.B.H. of at least two inches and a height of thirteen feet or more at maturity.
(y) "Tree lawn" means 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 paved street or highway usually used for vehicular traffic.
(z) "Tree Preservation Plan" means a plan drawn at a scale of not less than one inch equals fifty feet prepared by a landscape architect or tree forester identifying and locating all existing trees or clumps of trees eight inches or greater, trees to be removed, the method of preservation or protection and all replacement or new trees to be planted.
(aa) "Understory" means underbrush or undergrowth, and is comprised of plant life growing beneath the forest canopy without penetrating it to any great extent, but above the forest floor. Only a small percentage of light penetrates the canopy so understory vegetation is generally shade-tolerant.
(Ord. 90-21. Passed 11-22-21.)
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