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(a) In the case of trees standing on City grounds or easements, no person shall cut, trim, mutilate, injure, or destroy any tree without first having obtained permission to do so from the Service Safety Director or his designee or from the Director of Public Works. However, nothing in this section shall be construed to prohibit the trimming or cutting by the City of trees or parts thereof on or extending over any street or other ground belonging to the City when such trimming or cutting is necessary to prevent interference with any City-owned utility, or to remove any dangerous condition, or for any other City purpose.
(b) The Service Safety Director shall designate an individual to be responsible for the administration of the comprehensive Tree and Planting Plan. This individual may or may not be an arborist but shall have knowledge of the care and maintenance of urban forests.
(Ord. 5-2023. Passed 3-7-23.)
(a) All plantings shall be subject to the final approval of the Service Safety Director's designee.
(b) All plantings shall be in a live, healthy condition.
(c) Specified varieties of any species shall be specimen-type trees or shrubs and shall be graded according to the applicable American National Standards Institute (ANSI) for Nursery Stock or better and shall be first class representatives of their normal species and varieties.
(d) The approved and prohibited species and cultivars for planting in or adjacent to the public way are listed in Section 909.07 hereof. In order to maintain consistency with horticultural practices, the list set forth in Section 909.07 may be reviewed by the Bucyrus Tree City USA Board and may be revised by a recommendation of the Bucyrus Tree City USA Board to Council.
(e) Distances and Clearances.
(1) Plantings within the public ways that impact traffic safety shall be coordinated with and approved by the Service Safety Director's Designee. The following criteria shall be used as guidelines with regard to plantings that impact traffic safety:
A. A minimum of thirty-five (35) feet from the nearest street corner measured from the point of the nearest intersecting curbs or curb lines.
B. A minimum of five (5) feet from driveways.
C. A minimum of twenty (10) feet from alleyways.
D. A minimum of one and one-half (1-1/2) feet from a curb or sidewalk for a small tree.
E. A minimum of two (2) feet from a curb or sidewalk for a medium tree.
F. A minimum of three (3) feet from a curb or sidewalk for a large tree.
(2) Plantings within the Utility Zone shall be installed using the following criteria:
A. Only species listed for use in Utility Zones shall be planted under utility lines or within ten (10) lateral feet of said lines.
B. A minimum of a ten (10) foot clearance from ground operated equipment.
C. A minimum of a ten (10) foot clearance shall be maintained from streetlight fixtures to any plantings or portion thereof, which obstructs the path of light.
D. A minimum of a ten (10) foot distance from fire hydrants.
(3) Trees within the public ways shall be maintained so that:
A. Branch clearance above sidewalks shall be eight (8) feet or greater.
B. Branch clearance above streets shall be fifteen (15) feet or greater.
(4) The Utilities are under no obligation to safeguard plantings made in the utility zone. However, compliance with these guidelines should minimize the effects of utility operations on subsequent additions to the urban forest.
(f) Except for plantings planted and maintained by the City or other approved public authority, only the plantings listed in Section 909.07, or any other plantings that may be hereafter approved or prohibited by the Tree Advisory Board and approved in writing by the Service Safety Director's designee, may be planted in the public ways.
(g) All stumps and remnants of street trees must be removed six (6) inches below the ground surface so that the top of the stump/remnant shall not project above the surface of the ground.
(h) Sidewalk street repairs that will potentially endanger street trees shall require prior consultation with the Service Safety Director's designee as to the best way to protect the tree roots where possible in the opinion of the Service Safety Director's designee.
(Ord. 5-2023. Passed 3-7-23.)
(a) Plantings shall be established and maintained in and adjacent to the public ways along streets in accordance with the provisions of this chapter. Plantings not so established and/or maintained are hereby declared to be public nuisances, except that existing plantings that are maintained in accordance with ordinances existing on the effective date of adoption of this chapter shall not be considered public nuisances.
(b) It shall be the duty of all property owners and occupants to trim or remove plantings in the public ways abutting their property that are not maintained in accordance with the requirements of this chapter.
(c) The Service Safety Director's designee or any designated member of his staff shall have the authority to enter upon private land at any and all reasonable times to examine any tree, shrub or other planting located upon or over such private land and to carry out the provisions of this chapter.
(d) The Service Safety Director's designee under Section 909.03 shall cause written notice to the property owner(s) and occupant(s) to trim or remove any planting within, or adjacent to, the tree lawn area of the abutting public ways that do not conform with the provisions of this chapter. Such notice shall be sent by certified mail, return receipt requested, to the tax mailing address of the property owner(s) of record with the Crawford County, Ohio, Auditor and to the occupant(s) at the address of the property. If certified mail is returned unclaimed, notice will be sent by regular mail.
(e) If the planting is not trimmed or removed within the time period stated in the written notice, not less than ten (10) days from date of receipt of the notice, the Service Safety Director's designee may cause such trimming or removal to be undertaken and the costs thereof shall be the responsibility of the abutting property owner(s) and occupant(s).
(f) In the event that the property owner(s) and occupant(s) fail to remit such costs to the City within thirty (30) days after written notice of the amount of such costs, the Service Safety Director's designee or the Bucyrus City Auditor may certify such costs to the Crawford County Auditor to be entered upon the tax duplicate for the abutting property as a lien and collected as other taxes and returned to the applicable City fund.
(g) In the event that a planting within the public way presents imminent danger to public safety, it may be trimmed or removed by the City without written notice to the property owner. The property owner shall be responsible for the costs thereof as provided in subsection (e) hereof. (Ord. 5-2023. Passed 3-7-23.)
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