(a) Whenever it is necessary for the Village to remove a tree from the right-of-way or treelawn within the Shade Tree District, the Village shall remove such tree(s) as soon as practicable under all of the circumstance and replace such tree(s), or plant, on another right-of-way area or public place, an equal number of trees to the satisfaction of Village Council. Before removing a tree from the right-of-way or treelawn, the Village shall use its best efforts to notify the property owner at least ten (10) calendar days in advance of the date on which such tree(s) is scheduled to be removed. Except in cases in which it is determined by the Administrator that an emergency situation exists endangering the safety of persons or property, if the property owner objects to such removal in writing prior to the scheduled date for removal, the property owner may request an opinion from the Ohio DNR Division of Forestry as to the necessity for removal of said tree. All such requests must be made prior to the scheduled date of removal and in writing. If within thirty (30) days of making a written request as set forth herein, the property owner provides the Village, via facsimile, certified mail, return receipt requested, or some other means which reflects the date and time received by the Village, with a written opinion from the Ohio DNR Division of Forestry stating that the tree(s) scheduled to be removed does not require removal and such tree otherwise complies with the Ordinance of the Village of Haskins, then the tree(s) will be removed from the list of tree(s) scheduled to be removed and the scheduled removal will be cancelled pending a change in circumstances warranting said tree(s) removal.
(b) No person shall plant, remove or move a tree in a treelawn, right-of-way, or other public place without first obtaining the prior approval of the Village Administrator. The Village shall require the property owner to obtain a permit from the Administrator. The person obtaining the permit shall abide by the standards as set forth in this Chapter and the regulations established by the Tree Commission and adopted by Village Council.
(c) Should approval be given to move or remove a public tree, the person shall be required to replant or replace an equal number of trees at the landowner’s cost within a period of nine months near the location of the tree that is removed or in an approved alternate location. The Administrator must approve the species, size, and quality of the replacement or replanting per the Village’s planting specifications. The applicant, as one of the conditions to obtaining such permission and at the Administrator’s discretion, may deposit with the Village such sum of cash as the Administrator may determine and specify to cover all of the cost of moving or replacing such tree(s), if the conditions of such permission require the replacement thereof. However, in lieu of such cash deposit the Administrator may in his/her discretion accept a good and sufficient surety bond in like amount conditioned upon the payment of all the cost of such moving and replacing. Failure to do so shall be construed to be a default and the surety bond and/or cash deposit shall be deemed to be forfeited. Failure to plant replacements shall result in replacement by the Village and the actual cost to the Village shall be billed to the property owner and cash payment shall be made within thirty days or the property owner or occupant shall be charged the actual cost to the Village of the work plus ten percent and this amount shall be assessed to the property tax.
(d) All plantings of public trees should be inspected by the Administrator to ensure proper placement and planting prior to the refund of any deposits. If any tree(s) are found to be planted improperly the tree(s) shall be replanted or replaced and the actual cost to the Village shall be billed to the property owner and cash payment shall be made within thirty days or the property owner or occupant shall be charged the actual cost to the Village of the work plus ten percent and this amount shall be assessed to the property tax.
(Ord. 2008-7. Passed 10-20-08.)