(a) For purposes of this section, the term "street trees" shall refer to those trees planted on public property and rights of way, and those trees planted on private property that constitute a hazard or threat to public streets, sidewalks, public property or the public safety.
(b) Street trees shall be planted in the right-of-way of any street with specific approval granted by the Circleville Tree Commission pursuant to a properly filed permit request.
(c) Street trees planted in the right-of-way of any other street shall not be planted in any location where the Director of Public Service determines that such placement would create a safety hazard to the public at large. Further, trees shall be placed at least thirty-five feet (35') from an intersection; at least ten feet (10) from any alley approach; and at least ten feet (10) from any driveway approach, fire hydrant, or utility pole.
(d) A list of desirable and undesirable tree species, as well as planting specifications, is set forth in the Comprehensive Tree Plan for the City of Circleville, hereinafter "the Tree Plan."
(e) Any portion of any street tree that extends over the curb line shall be maintained to a minimum of fifteen feet (15') from the top of limb to lowest point on portion extending over the curb, and a minimum of eight feet (8') from the sidewall to the lowest portion of the tree extending over such sidewalk.
(f) No construction activities, including trenching, excavating, boring, or any other earth-disturbing activity, are to be performed within the drip line of a street tree without an approved permit from the Director of Public Service. Further, all work zone activity must conform to the standards set forth in the Tree Plan.
(g) Sidewalk repair shall be performed with a minimum impact on tree roots where practical and shall conform to the standards set forth in the Tree Plan.
(h) A property owner who removes, or causes to be removed, a tree without obtaining a permit shall be assessed a fee consistent with the terms of the Tree Plan.
(i) Topping of trees is prohibited. Directional pruning is the accepted practice for utility line clearance.
(j) A property owner, or contractor not operating under a city contract, shall complete a permit and obtain approval from the Director of Public Service before pruning a public tree.
(k) An individual or contractor who wishes to remove a public tree shall fill out an application for a permit pursuant to the guidelines set forth in the Tree Plan, Section V.
(l) Unless specifically authorized by the Circleville Tree Commission no person shall intentionally damage, cut, carve, top, transplant, place soil or mulch against the trunk/root collar, or remove any tree, attach any rope, wire, nails, advertising posters, squirrel feeder, or other contrivance to any tree or shrub; allow any gaseous, liquid, or solid substance to come in contact with them; set fire or permit fire to burn when the fire or heat thereof shall injure an portion of any tree or shrub.
(m) Whoever violates any provisions of this section shall be subject to the penalties as set forth in the Comprehensive Tree Plan of the City.
(Ord. 11-76-2023. Passed 11-7-23.)