(a) No person shall do any of the following without first having obtained a tree removal permit in accordance with the provisions of these regulations:
(1) Remove, damage, or destroy any tree or similar woody vegetation of any dbh in a woodland;
(2) Remove, damage, or destroy any tree or similar woody vegetation of six-inch dbh or greater which is not located in a woodland;
(3) Conduct any tree clearing activities.
(b) Exceptions.
(1) The removal or trimming of any trees by or on behalf of a resident owner of a one-family dwelling unit, one-family cluster-housing unit, site condominium unit, or residential condominium unit from an area under the owner's exclusive control. This exception shall not apply to removal of trees from common areas.
(2) Upon prior approval by the Planning and Zoning Administrator, the removal of or trimming of trees necessitated by the installation, repair or maintenance work performed in a public utility easement or approved private easement for public utilities.
(3) The removal or trimming of trees if performed by or on behalf of Commercial Point, Franklin or Pickaway County, Ohio Department of Transportation, Franklin or Pickaway County Public Works Office or other public agencies, or a public utility company in a public right-of-way, upon public property, or upon a private easement for public utilities in connection with a publicly awarded construction project, the installation of public streets or public sidewalks, or installation of public utilities within a private or public easement established for such purpose.
(4) The trimming and pruning of trees as part of normal maintenance of landscaping or orchards, if performed in accordance with accepted forestry or agricultural standards and techniques.
(5) The removal or trimming of dead, diseased or damaged trees if performed by or on behalf of Commercial Point, Franklin or Pickaway County, Ohio Department of Transportation, Franklin or Pickaway County Public Works Office or other public agencies in a public right-of-way or upon public property if done to prevent injury or damage to persons or property.
(6) The removal or trimming of dead, diseased or damaged trees provided that the damage resulted from an accident or non-human cause, and provided further that the removal or trimming is accomplished through the use of standard forestry practices and techniques.
(7) The removal or transplanting of trees during the operation of a commercial nursery, tree farm or practicing sustained-yield forestry (land stays a productive forest).
(8) Actions made necessary by an emergency, such as a tornado, windstorm, flood, freeze, dangerous and infectious insect infestation or disease or other disaster, in order to prevent injury or damage to persons or property or restore order.
(c) Content of Application.
(1) Required information. An applicant for a tree removal permit for a parcel of one acre or more, if required by this section, shall submit the following materials to the municipality:
A. A completed tree removal permit application on a form prescribed by Zoning Administrator, which such application shall include the following information:
1. The name, address and telephone number of the applicant and/or the applicant's agent.
2. The name, address and telephone number of the owner of the property.
3. The project location, including as applicable, the address, the street, road, or highway, section number, lot or unit number, and the name of the subdivision or development.
4. A detailed description and statement of the activity to be undertaken.
B. A tree removal permit application fee in the amount as established by the adopted fee schedule.
C. If the applicant is not the owner of the property, a written authorization from the owner allowing the proposed activity.
D. Five copies of a plan for proposed tree removal containing all of the following information:
1. The shape and dimensions of the property, and the location of any existing and proposed structure or improvement.
2. The location of all existing trees of six-inch or greater dbh, identified by common and/or botanical name. Trees proposed to remain, to be transplanted, or to be removed shall be designated. A cluster of trees may be designated as a "stand" of trees, and predominant species, estimated number, and average size shall be indicated. Clusters of trees located within an approved open space which is to be preserved may be designated as an "open space stand" and identified in the same manner as a "stand" without individual identification and location.
3. A description of tree species, size, density, health and vigor.
4. The location and dimension of all setbacks required by existing zoning requirements.
5. A statement that all retained trees will be identified by a method, such as painting or flagging. If protective barriers are deemed necessary by Commercial Point, the statement shall include a description of how the retained trees are to be protected, with an acknowledgment that the barriers must be in place before operations commence.
6. A general grading plan prepared by a registered engineer or land surveyor showing the anticipated drainage patterns, including the location of any areas where cut and fill operations are likely to occur, to enable Commercial Point to determine the impact of the proposal on the viability of the existing trees.
(d) Application Review Procedures.
(1) Procedure. Commercial Point shall review the submitted application for a tree removal permit required by this section to determine that all required information has been provided. At the request of the applicant or the municipality, an administrative review meeting may be held to review the request in light of the purpose and the review standards of this section. A field inspection of the site may be conducted by the Zoning Administrator. Where the site proposed for development requires review or approval by Council of the subdivision layout, qualification for one-family cluster, or special land use approval, Council shall be responsible for approval or denial of the request for a tree removal permit (subject to affirmance, reversal or modification by the Council of Commercial Point with respect to tentative preliminary plat approval, or any other approval for which Council has final authority). In all other instances, the review of tree removal permit requests shall be the responsibility of the Zoning Administrator. All decisions shall be made in accordance with the review standards of this section.
(2) Denial. If an application for a tree removal permit is denied, the permit applicant shall be notified in writing of the reasons for denial by the Zoning Administrator.
(3) Approval; Conditions; Performance Requirements. If an application for a tree removal permit is granted, the reviewing authority may do any or all of the following:
A. Attach to the granting of the permit reasonable conditions considered necessary by the reviewing authority to ensure the intent of this section is fulfilled and to minimize damage to, encroachment in, or interference with natural resources and processes within wooded areas.
B. Set a reasonable time frame within which to complete tree removal operations.
C. Require a permit holder to deposit a performance bond, or other acceptable security, equal to 100% of the cost of the improvements to ensure compliance with the terms of this section, including the planting of any required replacement trees. Once the trees designated to be removed have been removed and any required replacement trees have been planted and inspected, the municipality shall release the bond or security. If the permit holder has provided a bond or other performance guarantee to the municipality under any other ordinance or regulation, and such bond or guarantee is deemed adequate by the municipality to ensure compliance with this section, no additional performance guarantee shall be required under this section.
(e) Term of Permit.
(1) Any and all tree removal permits issued by the municipality to a developer shall expire (unless extended) at the same time as the contemporaneous approval granted by the municipality for the development, if any (e.g., preliminary plat, preliminary site plan, special land use, site plan approval, etc.).
(2) Any and all tree removal permits issued by the municipality to any person for an activity regulated under this section for which a contemporaneous approval of the development is not required (e.g., removal of trees by a builder in connection with construction of a residence upon a lot or parcel) shall expire one year from the date of issuance.
(3) Any activity regulated under this section which is to be commenced after expiration of a tree removal permit shall require a new application, additional fees, and new review and approval.
(f) Protection of Trees and Woodlands during Construction; Display of Permit.
(1) No individual shall conduct any activity within ten feet of the drip line of any tree designated to remain, including but not limited to placing solvents, building material, construction equipment, or soil deposits within the drip line.
(2) During construction, no individual shall attach a device or wire to any remaining tree, except to cordon off protected areas.
(3) Before development, land clearing, filling, or any property alteration for which a tree removal permit is required, the developer or builder shall erect and maintain suitable barriers such as snow fencing, cyclone fencing, etc., to protect remaining trees. Wood, metal, or other substantial material shall be utilized in the construction of barriers. Protective barriers shall remain in place until the Zoning Administrator authorizes their removal. Barriers are required for all trees designated to remain, except in the following cases:
A. Street right-of-way and utility easement may be cordoned by placing stakes a minimum of 25 feet apart and tying ribbon, plastic tape, or other brightly visible materials at least two and one-half feet above the ground from stake to stake along the outside perimeters of areas to be cleared.
B. Large property areas separate from the construction or land clearing area onto which no equipment will venture shall be cordoned off.
(4) The permit holder shall conspicuously display the tree removal permit on-site. The permit shall be displayed continuously while trees are being removed or while activities authorized under the permit are performed, and for ten days following completion of those activities. The permit holder shall allow the Zoning Administrator to enter and inspect the premises during reasonable business hours. Failure to allow an inspection is a violation of this section.
(g) Enforcement and Administration. To ensure enforcement of this section and the approved plan for tree removal, various inspections will be performed at the site by the Zoning Administrator. The applicant will be responsible for all inspection fees in accordance with the inspection fees set and established by ordinance of the Council.
(h) Penalties and Remedies.
(1) In addition to the penalties as set forth in § 1135.12, any person who violates any provision of this section shall forfeit and pay a civil penalty equal to the total value of those trees illegally removed or damaged, as computed from the International Society of Arboriculture shade tree value formula. Such sum shall accrue to the municipality and may be recovered in a civil action brought by the municipality.
(2) Any person authorized or designated by the Planning and Zoning Administrator to enforce or administer this section may issue a stop work order to any person conducting any operation in violation of this section. A person shall not continue, or cause or allow to be continued, any operation in violation of such an order, except as authorized by the enforcing agency to abate a dangerous condition or remove the violation.
(3) If a stop work order is not obeyed, the enforcing agency or person may apply to a court of competent jurisdiction for any order enjoining the violation of the order. This remedy is in addition to, and not in limitation of, any other remedy provided by law or ordinance, and does not prevent criminal prosecution for failure to obey the order.
(4) Any person aggrieved by a stop work order may request review by the Zoning Administrator of the stop work order within one working day of its issuance. The Zoning Administrator shall then determine whether the stop work order was properly issued due to operations being conducted in violation of the terms of this section. The Zoning Administrator may lift the stop work order if the operations are determined to be in compliance with this section.
(5) Any use or activity in violation of the terms of this section is hereby declared to be a nuisance per se, and may be abated by order of any court of competent jurisdiction. In addition to other remedies, the municipality may institute any appropriate action or proceeding to prevent, abate, or restrain the violation. All costs, fees and expenses in connection with such action, including attorney fees incurred by the municipality, shall be assessed against the violator.
(Ord. 2021-20, passed 7-19-2021)