(a) Deviations from Provisions.
(1) A proposed mitigation design that deviates from the provisions may be approved by the Planning & Zoning Commission as described in this section.
(2) A mitigation design may not be considered as a deviation if existing elements consistent with the purpose of the buffer are incorporated, as described below:
A. For mitigation without tree buffers the requirements of linear distance can be achieved by elements such as the following:
i. Manmade or natural features such as infrastructure rights-of-way, roads, watercourses, wetlands, rock outcrops, forested areas, and steep slopes;
ii. Nonfarmable areas of the agricultural land being buffered (including yards, storage areas, roads, and all structures) unless such land is used for animal husbandry.
iii. Publicly owned land without consistent present or projected public use (as determined by the public entity owner);
iv. An easement on agricultural land purchased by the applicant;
v. Other open areas (except undeveloped rural residential, commercial, or industrial parcels) that are considered appropriate to the purpose of the buffer.
B. For mitigation with tree buffers the approving authority may allow the requirements to be partially or fully satisfied by existing areas of trees and shrubs, as long as their mitigation effect is essentially the same as that intended by the requirements in Section 1184.03. If the characteristics of the existing vegetation do not meet the requirements in Section 1184.03, and cannot substitute in full or in part for an adequate tree buffer, then the area can either be incorporated into the design at half its mitigation value (for example, a 20-foot-wide riparian area would be calculated as 10 feet of tree buffer) or it can be left out of the tree buffer and be calculated at its original width (20 feet of existing vegetation would be considered as 20 feet of bare land).
(3) When an applicant proposes a mitigation design that deviates from the minimum standards in this section, the applicant is responsible for the preparation of a conflict assessment and mitigation study (CAMS).
(4) Conflict Assessment and Mitigation Study (CAMS).
A. The CAMS shall:
i. Determine the present and likely future agricultural land uses, practices, and activities with the potential to cause adverse impacts to adjacent urban development. This determination shall be based on factors such as soil type; topography; parcel size, shape, and location; infrastructure; microclimatic conditions; regional agricultural practices and crops; and the farming history of the adjacent agricultural land and surrounding similar parcels.
ii. Determine how the proposed urban development would likely impact the management and operation of nearby agricultural lands. All owners of Agriculture-zoned land within 1,000 feet of the land proposed for development shall be asked for an interview, and the findings of those interviews will be included in the CAMS.
iii. Identify the land uses, practices, and activities that may cause adverse impacts and the extent of the impacts, from both the urban use as well as from the agricultural land. It shall also quantify the impacts, where possible, in terms of frequency and duration of activities to determine the impacts. As part of this evaluation, the CAMS shall consider the likely future uses determined in subsection (a)(4)A.(i) of this section. The buffering mechanisms that are proposed shall be sufficient to accommodate these potential future uses. The current financial viability of a particular crop will not be considered an important limiting factor in determining potential future use.
iv. Propose a set of buffering measures that will achieve acceptable buffering outcomes, which may include, but are not limited to, the siting of residences, size and geometry of lots, separation distances, communal open space, vegetation, natural landscape features, acoustic features, and so forth.
v. Propose the means by which the proposed buffering measures will be monitored and maintained. This includes responsibility for implementing and maintaining specific features of the buffer areas to ensure continued effectiveness. Acknowledgment of the authority responsible for ensuring compliance with any agreement will be plainly cited.
vi. Establish a timeline for the development that establishes when the buffer will be installed.
(5) Any approval of a deviation does not create a precedent for any subsequent requests for deviations from the standards of this section.
(Ord. 20-2018. Passed 6-19-18.)
APPENDIX I - LIST OF ACCEPTABLE TREES
URBAN TREES FOR CENTRAL OHIO
Lisa M. Bowers Regional Urban Forester ODNR - Ohio Division of Forestry
SIZES AND DESCRIPTIONS MAY VARY DEPENDING ON SITE PLACEMENT! ***Trees listed below are generally acceptable for planting throughout a site.***
However, not all trees listed below may be suitable as street trees.
Alternatives to those listed below may be acceptable pending recommendation by a Landscape Architect licensed in the State of Ohio or similar professional, as well as review by the Johnstown Planning Commission.
SMALL TREES - Mature height under 30', suitable under utility wires Adams
Crabapple - Malus 'Adams'
Height: 25'; habit - dense rounded; fall color - orange-red; fruit - red, persistent.
Adirondack Crabapple - Malus 'Adirondack'
Height: 10'; habit - V shaped upright; fruit - orange-red persistent; flowers - red buds, white flowers with red tinge.
Centurion Crabapple - Malus 'Centurion'
Height: 20' - 25'; fruit - cherry-red 1/2"; habit - upright; fall foliage: green; flowers - rose-red.
Excalibur Crabapple - Malus 'Excalibur'
Height: 8'; fruit - tiny golden yellow; habit - upright dwarf; flowers - red buds open to white.
Harvest Gold Crabapple - Malus 'Harvest Gold'
Height: 20' - 25'; fruit - golden, 1/2"; habit - upright; flowers - white; fruit persists into spring.
Madonna Crabapple - Malus 'Madonna'
Height: 16' - 20'; fruit - red; habit - compact, upright; flowers - white, double.
Prairifire Crabapple - Malus 'Prairifire'
Height: 20'; habit - upright spreading, foliage - reddish-green and yellow in the fall; flowers - coral red; fruit - dark red.
Red Jewel Crabapple - Malus 'Red Jewel'
Height: 15'; habit- mounded spreading form; fruit - cherry red 1/2" persist to April, foliage - excellent dark green; flowers - white.
Corneliancherry Dogwood - Cornus mas
Height: 20' - 30'; habit- rounded; flowers- yellow, March.
Thornless Cockspur Hawthorn - Crataegus crusgalli
Height: 15'- 20'; habit - globose , dense branches; flowers - white in clusters; fruit - 1/2" red persistent, used for wildlife; foliage gray green, purple/red in fall.
Winter King Green Hawthorn - Crataegus viridis 'Winter King'
Height: 20' - 25'; habit - rounded, fall color - purple to red; flowers - white cluster; fruit - red and persisting.
Lavalle Hawthorn - Crataegus x lavallei
Height: 15' - 30', habit - oval to round; flowers - white clusters; fall color - bronzy to coppery red; fruit - red that persist into the winter.
Ohio Pioneer Dotted Hawthorn - Crataegus punctata var. inermis 'Ohio Pioneer'
Height: 20' - 25'; fruit; dark brick-red; habit - rounded; fall foliage - grayish/green; flowers - white clusters; thornless.
Vaughn Hawthorn - Crateagus phaenopyrum x Crateagus crusgalli 'Vaughn'
Height: 15' - 20'; fruit - glossy, orange-red, 3/8"; habit - rounded; fall foliage - grayish-green; flowers - white.
Washington Hawthorn - Crataegus phaenopyrum
Height: 25' - 30'; fruit - bright glossy red; shape - oval rounded; fall foliage - orange to scarlet to purplish, thorns.
Ivory Silk Tree Lilac - Syringa reticulata 'Ivory Silk'
Height: 20' - 30'; shape - rounded; fruit - clusters of capsules; fall foliage - green; flowers - 6-10" white panicles; attractive flowers in early July, flowers at a young age.
Amur Maackia - Maackia amurensis
Height: 20' - 30', shape- rounded, fruit - pod, flower - 4-6" white racemes June - July.
Amur Maple - Acer ginnala
Height: 15' - 20'; shape - globose to ovate; foliage - green to red/orange in fall.
Paperbark Maple - Acer griseum
Height: 20' - 30'; shape - upright oval to rounded; fall color - russet red to red; exfoliating bark makes this tree interesting.
Tartarian Maple - Acer tataricum
Height: 15' - 20' sometimes 30'; shape - rounded; fall color - yellow, red to reddish brown.
Serviceberry species - Amelanchier species
Height: 25' - 30'; fruit - red, birds love them; shape - oval, upright; foliage - orange/red in fall; flowers - white clusters.
Red Bud - Cercis Canadensis
Height: 20' - 25'; flowers - dark pink, early before foliage, fruit - small pod; shape - irregular; fall color - sometimes yellow. 'Alba' white flower selection. Naturally grows as an understory tree, site carefully.
Blackhaw Viburnum - Viburnum prunifolium
Height: 12' - 15'; shape - rounded; flowers - white clusters in May; fruit - blueish black and eatable.
Nannyberry Viburnum - Viburnum lentago
Height: 18' possibly 30'; shape - upright, open; flowers - white clusters in May; fruit - blueish black, winter food for birds
MEDIUM TREES - Mature size being 30'-60'.
Black Alder - Alnus glutinosa
Height - 40' - 60'; shape - pyramidal when young then irregular; fruit - woody strobile; adaptable, does well in wet or dry sites, full sun or partial shade, nitrogen fixer.
Autumnalis Higan Cherry - Prunus subhirtella variety Autumnalis
Height: 20' - 40'; flowers - semi-double pink; habit - oval upright; Higan cherry are the most cold, heat and stress tolerant of the cherry group.
Jackii Crabapple - Malus 'Jackii'
Height: 30' - 40'; fruit - maroon 1/2"; shape - upright and rounded; foliage - glossy green, yellow in the fall.
Lacebark or Chinese Elm - Ulmus parvifolia
Height: 50'; fruit - whitish, winged 1/4"; shape - rounded; fall foliage - yellow to wine.
Goldenraintree - Koelreutaria paniculata
Height: 25' - 40'; shape - globose; flower - yellow June-July; foliage - blue/green leaflets, yellow in fall; fruit - bladder like papery green capsules turning brown.
American Hornbeam - Ostrya virginiana
Height: 30' - 40'; shape conical to globose with age; foliage - green, yellow in fall; flowers - catkins; fruit nutlets in bunches, Prefers some protection, understory tree.
European Hornbeam - Carpinus betulus
Height: 35'- 40'; shape - conical becoming ovate, wide spreading; foliage - green-yellow in fall; flowers - catkins with bracts; fruit - leafy cluster with nutlets.
Upright European Hornbeam - Carpinus betulus 'Fastigiata'
Height: 30' - 40'; shape - upright oval dense; fall color - yellowish. Grown for its dense upright habit.
Red Horsechestnut - Aesculus x carnea
Height- 30' - 40'; shape - round to broad-rounded; flowers- rose red 6-8" panicles. 'Briotii' - flowers deeper red and larger.
Crimean Linden - Tilia x euchlora
Height - 40' - 60' and half that in spread; fall color - possibly yellow-green.
Legend American Linden - Tilia americana 'Wendell'
Height: 50'; shape - broadly conical; foliage - dark green; flowers - pale yellow, attracts bees; fruit - 1/2" nutlets.
Littleleaf Linden - Tilia cordata
Height: 45' - 65'; fruit - tan globes 1/4"; shape - compact, pyramid; 'Corinthian', 'Greenspire',
'Glenleven'- cultivars.
Hedge Maple - Acer campestre
Height - 25' - 45'; shape - rounded; fall color - yellow; can tolerate alkaline soils.
'Queen Elizabeth'-cultivar Celebration Maple - Acer x freemanii 'Celebration'
Height: 45'; fruit - seedless; shape - upright, oval; fall foliage - orange-red; flowers - greenish-yellow.
Norwegian Sunset Maple - Acer truncatum x Acer platanoides 'Norwegian Sunset'
Height; 35' - 45'; fruit - winged, 1 1/2"; shape - upright oval; fall foliage - orange-red; flowers - greenish-yellow.
Pacific Sunset Maple - Acer truncatum x Acer platanoides 'Pacific Sunset'
Height: 30'- 40'; fruit - winged, 1 1/2"; shape - upright, rounded; fall foliage - red; flowers - greenish yellow.
Sawtooth Oak - Quercus acutissima
Height: 40'- 50'; fruit - acorn; shape - rounded.
Hardy Rubber Tree - Eucommia ulmoides
Height: 40' - 60'; rounded to broad spreading; foliage - green-yellow/green in fall; flower dioecious - not showy; fruit - 1 1/2" capsule; lustrous dark green foliage, slow grower.
LARGE TREES - Mature size being 60+ feet.
Baldcypress - Taxodium distichum
Height: 50' - 70'; habit - pyramidal; foliage - yellow-green in the spring, linear lanceolate, orange to pink to soft brown in the fall; a deciduous conifer that adapts well to wet or dry sites, landscape tree mostly, but also used as street trees.
River Birch - Betula nigra
Height: 40'- 70', habit - oval maturing to rounded; fall color - yellow and has handsome exfoliating bark.
Kentucky Coffeetree - Gymnocladus dioicus
Height: 55'- 75'; foliage - blue-green leaflets, yellow in fall; flowers - green or yellow-white clusters; fruit - 4" to 10" reddish brown pods on females.
American Elms - Improved - Ulmus americana: 'Valley Forge', 'Princeton', 'New Harmony'
Height: 60'- 80', medium to fast growing; shows tolerance to Dutch Elm disease.
Ginkgo (male only) - Ginkgo biloba
Height: 50'- 80'; shape - irregular; foliage - fan shaped yellow in fall; fruit - none on males; wide unless upright selection is chosen distinctive and historical interest. Male cultivars; 'Autumn Gold', 'Fairmont', 'Lakeview', 'Mayfield', 'Palo Alto', 'Princeton Sentry', 'Sinclair'
Honeylocust species (Thornless only) - Gleditsia triacanthos var. inermis
height: 40' - 70'; shape - ovate; foliage - green/yellow in fall; flowers - inconspicuous; fruit - long brown pods; lacy appearance, casts light shade easy to clean up in fall.
Horsechestnut - Aesculus hippocastanum
Height: 50'-75'+; shape - upright oval to rounded; flowers- yellowish 5-12" terminal panicles; foliage - early to leaf out, yellowish brown in fall; fruit - spiny dehiscent.
Silver Linden - Tilia tomentosa
Height: 50' - 70'; shape - conical to ovate; foliage - green with silver underside, yellow in the fall; flowers - yellowish-white, fragrant; fruit - 1/3" nutlet; attractive and tolerates heat and drought better than most lindens. 'Sterling' - cultivar
Cucumbertree Magnolia - Magnolia acuminate
Height: 50'- 80'; shape- broad rounded; flower- perfect, greenish yellow- May; native to Ohio.
Black Maple - Acer nigrum
Height: 60' - 75'; shape - ovate; fall color - yellow; flowers - yellow/green before leaves appear; fruit - 1" samara.
Sugar Maple species - Acer saccharum
Height: 60'- 75'+; fruit - winged, 1-1 3/4"; shape - oval to rounded; fall foliage - orange, red; flowers - yellow green. 'Commemoration', 'Green Mountain' - cultivars.
Bur Oak - Quercus macrocarpa
Height: 70' - 90'; shape - ovate; foliage - 5-8" fiddle shape rounded lobes, yellow brown in fall; flowers - inconspicuous; fruit acorns; durable wide range of soils, massive, more tolerant of city conditions than most Oaks.
Chinkapin Oak - Quercus muehlenbergii
Height: 50'- 70'+,; shape - open rounded crown,wide spreading with age, fall color- yellow to orangish brown; will grow in alkaline soils.
English Oak - Quercus robur
Height: 60' - 80'; shape ovate to globose; foliage 3- 5" lobes, brown in fall; flowers - inconspicuous; tolerant of drought and resistant to some limited root space, upright forms also available. 'Skymaster' - cultivar - height: 50' - 60'; shape - pyramidal; fall foliage - green.
Northern Red Oak - Quercus rubra
Height: 60' - 80'; fruit - acorn; shape - ovate, open; fall foliage - bright reddish, golden brown; flowers - inconspicuous.
Pin Oak - Quercus palustris
Height: 55' - 75'; shape - conical to ovate; foliage - 3 -6' lobes, bronze in fall; flowers - inconspicuous; fruit - acorns.
Scarlet Oak -Quercus coccinea
Height: 70' - 75' by 40' - 50' in width, fall color - scarlet to russet red. May develop chlorosis problems in certain sites.
Shingle Oak - Quercus imbricaria
Height: 40' - 60'; shape - conical to globose; foliage - 3' - 6" laurel like leaves, green, yellow/brown to russet red in fall; fruit acorns; attractive and tolerant to city conditions, leaves persist into winter and can be used for screening.
Shumard Oak - Quercus shumardi
Height: 60' - 80'; fruit - acorn; shape - broad, rounded; fall foliage - reddish-brown; flowers - inconspicuous.
Swamp White Oak - Quercus bicolor
Height: 60' - 80'; shape - ovate; foliage - 4" - 8" lobes, yellow brown in fall; flowers - inconspicuous.
Japanese Pagodatree - Sophora japonica
Height: 50' - 75'; shape - upright spreading; flowers - creamy white panicles July- August, fruit - pod, fall color - occasional yellow.
London Planetree - Platanus x acerifolia
Height: 70' - 100'; shape - pyraimidal in youth, open wide spreading with age; bark - olive green to creamy, exfoliating.
Dawn Redwood - Metasequois glyptostroboides
Height: 65' - 100'; shape - conical; foliage - deciduous needles, yellow to orange/brown in fall; flowers - inconspicuous; fruit - 1" pendulous cones.
Sweetgum - Liquidambar styraciflua
Height: 60' - 75'; fruit - horned balls, 1-1 1/2"; shape - pyramidal; fall foliage - green, yellow, scarlet and purple; star shaped leaves, best if planted in the spring.
Tuliptree - Liriodendron tulipifera
Height: 70' - 90', shape - oval-rounded; foliage- golden yellow to yellow in fall; flowers- tulip like- greenish yellow petal with orangish interior- beautiful flower.
Black Tupelo or Black Gum - Nyssa sylvatica
Height: 40' - 70'; shape conical; foliage - glossy dark green, yellow/orange and scarlet in fall; flowers - inconspicuous; fruit - 1/2" blue, eaten by birds and mammals.