907.01 Definitions.
907.02 General regulations.
907.03 Permits.
907.04 Landscaping requirements.
907.05 Management plan.
907.06 Declaration of public nuisance.
907.07 Abatement of public nuisance; notice to property owner; failure to comply; collection of costs.
907.08 Tree replacement specifications.
907.09 Severability.
907.10 Appeals.
907.99 Penalty.
CROSS REFERENCES
Power to regulate - see Ohio R. C. 715.20
Assessments for planting or maintenance - see Ohio R. C. 727.011
Shade Tree Commission - see ADM. Ch. 149
Cemetery trees and shrubs - see S. U. & P. S. Ch. 943
(a) APPLICANT. Any person desiring or required to submit a permit application.
(b) CALIPER. The diameter of a tree trunk measured six inches (6") from the ground; if caliper is greater than four inches (4"), the measurement is taken at twelve inches (12") from the ground.
(c) CANOPY. The portion of the tree foliage from the lowest branch to the topmost part of the tree; synonymous with crown.
(d) CRITICAL ROOT ZONE. The area of root space that is within a circle circumscribed around the trunk of a healthy tree using a radius of one foot (1') per inch of trunk diameter (DBH).
(e) DBH (Diameter Breast Height). The diameter of a tree trunk measured at a point four and one-half feet (4 ½') from the ground.
(f) HAZARDOUS TREE. Any species of tree or part thereof, which is in danger of falling due to decay, rot, or any other reason, or any tree which contains any disease or insects which can spread to other trees.
(g) LIVING FENCE. A row of closely planted shrubs or low growing trees forming a boundary or enclosure or any combination of such materials forming a boundary or enclosure.
(h) PROPERTY OWNER. Any person that owns or controls property in the City. The tenant of a property may be the designated person responsible for the care of the tree lawn trees.
(i) PROTECTED TREE. The following trees are included:
(1) Trees located on public properties with a DBH greater than or equal to two inches (2").
(2) Trees located within a conservation easement/private tree preservation area with a DBH greater than or equal to ten inches (10").
(j) PUBLIC PROPERTY. Example of this would include street rights-of-way, cemeteries, firehouse properties, parks, and any other publicly owned property.
(k) PUBLIC TREE or STREET TREE. All trees located on public property.
(l) PREVENTATIVE ARBORICULTURE. Tree care practices and techniques incorporating strategies designed to prevent problems from occurring on trees in urban and suburban landscapes.
(m) PRIVATE TREE. A tree with its trunk located on private property.
(n) REGULATE. The process of evaluating public trees to determine what actions should be taken to improve plant health, reduce risk, or any activity that anticipates or involves the actual or likely damage or removal of a protected tree.
(o) SHADE TREE TRUST ACCOUNT. An account established to preserve the urban forest and plant trees that were removed.
(p) TOP OR TOPPING. A non-approved pruning technique that exploits and compromises the health and vitality of a tree by excessively cutting the upper portion of a tree.
(q) TREE CARE STANDARDS. For tree planting, care and arboricultural operations, refer to American National Standards Institute:
(1) Safe Working practices: ANSI Z133.1-2000
(2) Pruning Trees & Shrubs ANSI A300-2001 Part One
(3) Fertilization: ANSI A300-1998 Part Two
(4) Nursery Stock: ANSI Z60.1
(r) URBAN FOREST. The collection of trees, shrubs and other woody vegetation that makes up the urban tree canopy.
(Ord. 50-04. Passed 4-12-04.)
(a) The City of Medina shall have jurisdiction over and regulate all street trees, shrubs, and other plantings now or hereafter in any park, cemetery, public right-of-way or easement, or other public place within the City limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs and other plantings. Private plantings encroaching into the public right-of-way shall be subject to these rules and regulations set forth hereinafter as part of this chapter.
(b) Nothing contained in this section shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on the owner's property or under their control or in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the City.
(c) No person, unless authorized by the City Forester, shall plant, transplant, remove, cut, trim, or prune any public tree or shrub. It is prohibited to use or allow any herbicides, toxic chemicals or petroleum substances to seep, drain or to be emptied upon or about any public tree nor allow any gaseous liquid or solid substance which is harmful, to come into contact either directly or indirectly with any public tree. It is prohibited to attach wires, nails, screws, thumbtacks or staples to a public tree.
(d) No person shall recklessly cause harm or damage to a public tree or shrub.
(e) No person shall intentionally cause harm or damage to a public tree.
(f) It is the duty of all persons owning or occupying any land within the City to keep their private trees, which extend over or into any public right-of-way, trimmed so as to remove any foliage encroaching into space above a street to a height of thirteen feet (13') from the surface of the street; and to a height of eight feet (8') above the surface of the right-of-way area.
(g) No person, firm or corporation shall interfere with the City Forester or persons acting under the Forester's authority while engaged in any activity related to forestry on public property.
(h) Any public utility company, contractor or private company shall obtain a permit from the City Forester before performing any maintenance or repair work on public property with respect to overhead or buried utilities which could cause injury to public trees.
(i) The City Forester may give advice without charge to property owners on the choice of species, proper planting techniques, and proper maintenance practices for trees on private property in order to provide direction and compliance with the provisions of this chapter.
(j) Where sidewalk or curb damage arises due to tree roots, every reasonable effort shall be made to correct the problem without removing or damaging the tree.
(k) The City may limit the planting of a species or develop a list of approved species for specific uses.
(Ord. 50-04. Passed 4-12-04.)
(Ord. 50-04. Passed 4-12-04.)
(a) The City Forester shall issue provisional permits to applicants to regulate the following:
(1) Any activity that anticipates or involves the actual or likely damage of a public tree.
(2) Any activity that involves the actual removal of a public tree.
(3) Any construction activity adjacent to street trees.
(4) Sidewalk and curb replacement.
(b) Approval of a permit request will be granted upon meeting the following conditions:
(1) The applicant has established to the City Forester's satisfaction that there is need for the proposed work on the tree.
(2) The applicant has established to the City Forester's satisfaction that the persons who are to perform the work are qualified to do so.
(3) The full cost of removal and replacement shall be borne by the applicant if the permit requires any removal of a protected tree.
(4) The City Forester may impose conditional requirements with respect to any permit granted pursuant to this section as deems necessary.
(c) Permit applications should be made at least five (5) working days before the intended activity. Permits shall be valid for a period of forty-five (45) days after the date of issuance. (Ord. 50-04. Passed 4-12-04.)
Landscape requirements shall be in accordance with Section 1109.02(b) of the Zoning Code.
(Ord. 50-04. Passed 4-12-04.)
The City Forester, with the advice and participation of the Shade Tree Commission, shall maintain an Urban Forest Management Plan. This management plan will use national standards for proper tree care practices, pruning and removing techniques, safety and intervention. (Ord. 50-04. Passed 4-12-04.)
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