(A) Right-of-way permit application (to allow work within village R/W).
(1) The term "treelawn" for the purposes of this section of the Code shall mean any unpaved area within the village right-of-way (whether there is a sidewalk on not).
(2) Submit a right-of-way permit application to Village Clerk (with fees and deposit).
(3) Submit neat drawings of proposed plantings and features. Show distance from intersections, hydrants, drives etc. Provide data sheets for proposed trees/plantings.
(4) A zoning permit is not required.
(5) The Village Engineer and Planning Commission review the permit application.
(B) Village fees. Right-of-way permit application fee and other fees/deposits described in the latest Village Permits and Approvals Fee Schedule required with application submittal.
(C) Village standards.
(1) Many of the village streets include storm/pavement subgrade drains behind the curb. The tendency of roots to migrate into and plug drains may be cause for the denial of requests to plant trees or vegetation within the tree-lawn (devil's strip).
(2) No trees except those hereafter designated shall be planted in a "devil strip". Trees permitted: Trident Maple (Acer buergerianum), Amur Maple (Acer ginnala), Paperback Maple (Acer griseum), Tatarian Maple (Acer tataricum), Red Buckeye (Aesculus pavia), Serviceberry - tree form (Amelanchier sp.), Lavalle Hawthorn (Crataegus x lavallei), Green Hawthorn (Crataegus viridis 'Winter King'), Amur Maackia (Maackia amurensis), Crabapple (Malus sp. - oval or upright forms and cultivars only), Persian Parrotia - tree form (Parrotia persica), Japanese Tree Lilac (Syringa retculata).
(3) No trees or vegetation, whether mentioned in this section or not, shall be allowed to grow or develop or be placed in such a way as to intrude upon, impede, or obstruct the sidewalk, the pavement, the safe travel of motor vehicles or pedestrians.
(4) The village shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(5) Corner clearance. At any corner, no obstruction to view in excess of two feet in height shall be placed within a triangle formed by the street right-of-way lines and a line connecting them at a point 30 feet form the intersection of said right-of-way lines. Every owner of any tree overhanging any street or right-of-way within the village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the sidewalk and a clear space of 12 feet above the portion of a street outside the curb or that portion of a street or right-of-way subject to vehicular traffic. Said owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, interferes with the ability of drivers to see other drivers or pedestrians or interferes with visibility of any traffic-control devise or sign.
(6) Dead or diseased tree removal on private property. The village shall have the right to cause the removal of any dead or diseased trees on private property within the village, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the village. The Clerk-Treasurer will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the village shall have the authority to remove such trees and charge the cost of the removal on the owner's property tax notice.
(7) Removal of stumps. All stumps shall be removed below the surface of the ground to facilitate landscaping.
(8) Disturbed areas shall be repaired with a minimum of three inches of screened topsoil, a high quality residential seed mix, mulching and watering/fertilizer as needed to ensure full germination within 60 calendar days.
(D) Inspections.
(1) The Village Zoning Inspector and/or the Village Engineer will inspect the work. Unacceptable plantings or landscaping must be addressed by the property owner. Failure to correct unacceptable plantings will result in a loss of deposit and may result in the removal and restoration of the treelawn by village forces.
(2) Refer to § 93.60 of the Mogadore Village Code regarding the maintenance of vegetation adjacent to roadways.
(Ord. 2018-80, passed 11-20-18) Penalty, see § 150.99