(A) No person shall offer for sale for money or any other thing of value, or sell, trees from any property located within the city without first obtaining a logging permit therefor from the Building Commissioner, subject to the approval of Council upon review and recommendation by the Shade Tree Commission. Said review and recommendation shall be conducted pursuant to the criteria set forth in § 1026.03 of the Streets, Utilities and Public Services Code.
(B) (1) No permit shall be required for any clearing operation, involving residential or nonresidential development except as otherwise provided in this chapter and no person shall engage in such clearing operation unless and until all building development plans for residential and nonresidential developments are given final approval as provided in Chapter 1448 of the Building and Housing Code.
(2) Notwithstanding the requirements contained in this division (B), the Building Commission may, upon application properly made, grant an exception to the requirements of this division (B) when it is in the best interest of the public health, safety and welfare and the future development of the city to grant such exception, subject to the approval of Council. Factors to be taken into consideration in exercising such discretion shall include, but not be limited to, the importance of the project to the overall development of the city, the prior reputation of the applicant with respect to satisfactorily completing projects in the city, the likely disruption, if any, to adjacent property owners, and any other reasonably related matters that in the individual case are deemed to be of significance in considering said application for approval. In the case of the granting of said exception, Council may impose such reasonable conditions as it deems fit and as may otherwise be consistent with this chapter to secure the satisfactory performance of the clearing operation and to assure the proper appearance of the property subsequent thereto.
(C) An exception to division (A) is also made for a clearing operation of five or fewer trees to be removed on a parcel during a one year period; in this case no logging permit is required.
(D) An exception to division (B) is also made if the tree(s) to be removed on a parcel are diseased or dead and is a possible threat to health and safety; the owner shall notify the city prior to such removal. In this case no logging permit is required.
(E) No building permit authorizing the commencement of the installation of a subdivision and/or building(s) shall be issued unless and until a guarantee in lieu of installation as provided in § 1248.13 of the Planning and Zoning Code, or a cash bond in an amount determined by the Building Commissioner in consultation with the City Engineer, has been posted with the city in order to facilitate the rehabilitation of any property cleared but not subsequently developed.
(F) Notwithstanding any other provision contained in this chapter, no permit shall be required for logging or clearing operations in the city if such logging or clearing occurs on any land designated as an agricultural district pursuant to Ohio R.C. Chapter 929 at the time that such clearing or logging is conducted. It shall be incumbent upon the landowner to demonstrate that the property in question is formally accepted pursuant to Ohio R.C. Chapter 929 as an agricultural district at the time that the clearing and/or logging operation is conducted.
(Ord. 40-90, passed 5-7-1990; Ord. 108-92, passed 10-19-1992; Ord. 121-98, passed 6-15-1998; Ord. 111-99, passed 6-7-1999; Ord. 05-15, passed 2-2-2015; Ord. 49-2019, passed 12-16-2019)